National Security Advisory Board, National Security Council and Rashtriya Raksha University, Ministry of Home Affairs, GOI, are organizing a 2-week Academy on Investment Arbitration.
About the Academy
National Security Advisory Board, National Security Council and Rashtriya Raksha University, Ministry of Home Affairs, Government of India have curated a 2-week Academy on Investment Arbitration:
- Impart in-depth understanding of the Investment Arbitration dispute resolution mechanisms at international level.
- Focus on theoretical and practical knowledge, skills and abilities needed to prevent, reduce and effectively manage international investment cases.
- Major substantial and procedural aspects of pending and concluded major investment cases of India.
- State-of-the-art research, hands-on training and practice-based knowledge, legal awareness, and practically applicable skills.
About the Course
At the moment India does not have a formal investment treaty programme but it has a model BIT based on which it negotiates its BIPAs. The first model BIT was framed in 1993. This was later revised in 2003.
The new model BIT was adopted on 28 December 2015 and incorporates several key changes in investor-state protection (the new model BIT).
The aim of this Academy on Investment Arbitration in India is to focus on theoretical and practical knowledge, skills and abilities needed to prevent, reduce and effectively manage international investment arbitral cases as key stakeholders for investment disputes by and against India.
Objectives of the Course
National Security Advisory Board, National Security Council and Rashtriya Raksha University, Ministry of Home Affairs, Government of India have curated a 2-week course:
- To impart an in-depth understanding of the Investment Arbitration dispute resolution mechanisms at the international level.
- To explore the difficult issues arising in the conduct of investment arbitrations, from the notice of arbitration to the enforcement of investment arbitral awards.
- To guide the participants through the complex interactions between arbitral awards, domestic laws and decisions, international arbitration treaties, and the arbitral rules of leading international arbitration institutions relevant in this field, most importantly the ICSID or UNCITRAL arbitration rules.
The course also has a strong substantive component that explores advancement in current arbitral practices including Expropriation, Fair and Equitable Treatment (FET), Full Protection and Security (FPS), National Treatment and Most Favoured Nation (MFN) treatment.
It will also include a primer on the emerging pattern in the types of investment disputes in the strategic and traditional industries which include, infrastructure mining, energy, and telecommunication sectors. These 10 days executive education course offers a comprehensive study of the law and practice of international investment arbitration.
The course is primarily aimed at governmental officials, who deal, directly or indirectly, with arbitrations involving foreign investors and whose noting on the files or participation in various governmental committees make or break the future of successfully handling cases against India.
The course offers an integrated programme of state-of-the-art research and practice-based knowledge, legal awareness, and practically applicable skills.
Learning Objectives
At the end of the course, participants will have a good knowledge and understanding of:
- Law and practice of arbitration: General
- Arbitration Agreement
- Arbitrators
- Arbitral procedure
a) Forms and content of the agreement
b) Parties to the agreement; domain of arbitration
c) Separability of the arbitration clauses
d) Effect of the agreement
a) Appointment
b) Qualifications
c) Challenges of arbitrators
d) Number of arbitrators
e) Liability of arbitrators
f) Arbitrator ethics and challenges
a) Place of arbitration
b) Arbitration proceedings in general
c) Evidence
d) Experts
e) Interim measures on protection
f) Representation and legal assistance;
g) Default - Arbitral award
a) Types of award
b) Making of the award
c) Form of the award
d) Pleas as to the arbitrator’s jurisdiction
e) Applicable law; settlement
f) Correction and interpretation of the award
g) Fees and costs
h) Delivery of the award and registration
i) Enforcement of the award
j) Publication of the award - Means of recourse
- Foreign arbitral awards
- Future of arbitration
- Simulated Arbitration Exercise
a) Appeal from an arbitral award
b) Remedies against decision on leave for enforcement
c) Setting aside of the arbitral award / action for annulment
d) Other means of recourse
a) Convention and treaties
b) Convention and treaty applies
c) No convention or treaty applies
d) Rules of public policy
a) Factors encouraging arbitration
b) Overcoming challenges for a conducive arbitration environment
c) Recent judicial developments
a) Drafting the arbitration clause
b) Requesting arbitration/responding to request
c) Initial conference, terms of reference
d) Drafting statements of claim/defence
e) Challenges to arbitrators
f) Interim relief
g) Witnesses
h) Hearings
i) Drafting an arbitral award
j) Use of electronic databases for information exchange, research and data sharing.
Pedagogy
The pedagogy for the course includes a blend of — interactive lectures, group discussions, prominent guest speakers, and participatory exercises. Participants are expected to share their experiences, and, wherever needed practical skills will be linked to the theory.
The participants will be given a problem statement to reflect on concepts throughout the duration of the course. A wider discussion on the problem statement and the concepts will take place towards the end of the programme.
Other Details
- Total Number of Working Days: 10 (6 hours/ day contact programme)
- Total Number of Lectures (Contact Hours): 60
- Faculty Members: Guest members trained in the field of Investment arbitration
- Cohort size: 25
- Dates: December 5 to 16, 2022
How to Register?
Interested candidates may register for the course through the QR code provided on the brochure.
Course Fee
Student/ Scholars – INR 11800/-
Practitioners/ Government Employees – INR 23600/-
Mode
Physical/Offline
Registration Deadline
December 4, 2022
Contact Information
In case of any queries, please contact Suraj Saikia, +91 93919 68371 OR ilc[at]rru.ac.in
Click here to register
Source: Lawctopus
