INTERNATIONAL ARBITRATION
BY
JOSEPH MBADUGHA
COURSE OUTLINE
SESSION 1
The course is designed to be interactive with practical exercises and group work
incorporated into the lectures. The first session will commence with a brief precourse assessment. Sitting in small groups they will be introduced to what
arbitration is, features of a valid arbitration and the reasons for arbitration. A
brief outline of the topics for this session is presented below along with the list of
possible issues to cover:
A.
DEFINITION
B.
FEATURES OF A VALID ARBITRATION AGREEMENT
 Consent of the parties
 Capacity to contract
 Lawful Relationship
 Arbitrability
 Writing
 Certainty of the Agreement
 Dispute
C.
SEPARABILITY
D.
WHY ARBITRATE
 Neutral Forum
 Choosing the Arbitrator
 Waiver of Sovereign Immunity
 Enforceability of Awards in several Countries
SESSION 2
DRAFTING THE ARBITRATION AGREEMENT
This session will address how an arbitration agreement or clause is drafted. This will be
done in the context of its effects on arbitration. This session may end with a little
practical exercise by the students. This session is divided into three units, viz:
A. INTRODUCTION
B. B. EFFECTS OF ARBITRATION CLAUSE ON ARBITRATION
 Scope of Jurisdiction
 Funding the Arbitration to Finality
 Security for Costs
 Seat
 Procedural law
 Substantive Law
 Confidentiality
 Language of the Arbitration
 Sovereign Immunity
 Interim relief
 Voiding the Arbitration Agreement
 Number of Arbitration to Render Award.
C.
CONCLUSION
SESSION 3
SELECTING THE VENUE AND LAW OF ARBITRATION
The purpose of this session is to expose the students to issues which may
influence their choice of a venue and law of arbitration and the need to always
take them into consideration when making that choice. This session will possibly
cover the following:
A.
VENUE OF ARBITRATION
B.
ISSUES TO CONSIDER IN CHOOSING A VENUE
-
BY THE PARTIES
 Equal Access to Justice
 Costs
 Kompetenz-Kompetenz
 Scope of Review of Arbitral Awards
 Extent of Judicial Support/Intervention
 Enforcement of Award
 Parties Legal System
 Pool of Arbitrators
C.
BY THE TRIBUNAL
LAWS OF ARBITRATION
 Public Policy
 Accessibility
 Equal Access to Justice
D.
BY THE TRIBUNAL
SESSION 4
ARBITRATION AGREEMENTS AND THE JURISDICTION OF COURTS
This session will address the specific ways of enforcing arbitration agreement
and of losing the right to arbitrate. It will also demonstrate that existence of an
arbitration agreement does not oust the jurisdiction of court over any dispute
subject to settlement by arbitration. The following will be dealt with in this
session, viz:
A.
COURT’S JURISDICTION OVER A DISPUTE SUBJECT TO ARBITRATION
--arbitration not a condition precedent to litigation
B.
ENFORCEMENT OF ARBITRATION AGREEMENT
-- stay of proceedings
--anti suit injunction
--application for appointment of arbitrator
C.
STEP IN PROCEEDINGS
D.
CONCLUSION
SESSION 5
COMMENCEMENT OF ARBITRATION
The fifth session will address how and when to commence arbitration as well as the
form of the commencement and the party to commence arbitration. It will also discuss
the date arbitration is deemed commenced and how to respond or answer to the notice
commencing arbitration. This session may be interactive and sample of notice
commencing arbitration and the answer thereto may be shown to students. These will
be discussed in the following context:
A.
NOTICE OF ARBITRATION

When to issue
 Form
 Precondition
 Validity
 Limitation period
B.
PARTY TO COMMENCE ARBITRATION
C
ANSWER TO NOTICE OF ARBITRATION
D
SAMPLES
 Sample of notice of arbitration
 Sample of an answer
SESSION 6
THE ARBITRAL TRIBUNAL
This topic will address the composition, selection and appointment of the
arbitrators including the rights and duties of the arbitrators. It will also
discuss cessation of office, removal and replacement of arbitrators. This
session will be taken in the following manner:
A. COMPOSITION AND SELECTION OF ARBITRATORS
--by the parties agreement
--institutional rules
--applicable arbitration law
B. CONSTITUTING THE TRIBUNAL
--by the parties
--by an appointing institution or authority
--by the court
--acceptance of an appointment and non conflict of interest
--powers and duties of arbitrators
C. CESSATION OF OFFICE
-- death
--resignation
--revocation of arbitral tribunal’s authority
D. REMOVAL OF AN ARBITRATOR
--mode of application
--grounds for removal
E. REPLACEMENT OF AN ARBITRATOR
---by the parties agreement
---same procedure used in appointment
SESSION 7
CONDUCTING THE REFERENCE
This session will discuss how arbitration is conducted, beginning with
preliminary meeting, addressing jurisdictional issues, pleadings and
through to trial. The session will be conducted under the following:
A. PRELIMINARY MEETINGS
--between parties
--between the arbitrators
--between the parties and the arbitrators
--framework for proceedings
--procedural structure
B. JURISDICTIONAL ISSUSES
--mode, manner and time of raising issue of jurisdiction
C. PLEADINGS
--mode and time of filing pleadings by each party
--close of pleadings
D. HEARING
--opening and closing of case by claimant
--opening and closing of case by respondent
--final addresses by parties
E. End of course assessment & Feedback