INTERNATIONAL ARBITRATION
BY
JOSEPH MBADUGHA
(4-14 May)
COURSE OUTLINE
SHORT DESCRIPTION OF COURSE
The course deals with international arbitration as a mechanism of resolving
international commercial dispute. The topics are designed and would be
taught in the context of UNCITRAL Model Law on International
Commercial Arbitration, UNCITRAL Rules of Arbitration, The New York
Convention, ICC Rules of Arbitration, ICSID Arbitration Rules, IBA Rules
and so on. The models are comparatively structured. Various institutional
rules and different national laws of arbitration are comparatively analysed.
A more description of the course is contained in the description of the
different sessions of the course which is stated on the next page.
SESSION 1 (4 May, room 712)
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 (5 May, room 310)
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 (6 May, room 705)
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 (7 May, room 712)
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 (8 May, room 712)
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 (11 May, room 712)
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 (12 May, room 310)
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
SESSION 8 (13 May, room 705)
AWARD
This session is aimed at teaching the students the rudiments of arbitral
award in the clearest manner with a view of the students being capable of
identifying valid awards. This session will be interactive and will be
discussed with samples of awards. The topic will be discussed under the
following:
A. Introduction/Definition
B. Types of Award
 Formal award
 Partial award
 Interim award
 Consent award
 Default award
C. Formal Requirements of Award
 Writing and Signature
 Place and Date
 Reason
D. Substantive Requirements of Award
 Cogent
 Completeness
 Certainty
 Finality
E. Proper Law Requirement
F. Permissible Remedies
G. Drafting the Award
 Introduction
H. Structure of Award
 Heading
 Recital or Background
 Identification and Jurisdiction
 Procedural History
 Claims and Defences
 Issues for Determination
 Evidential Hearings and Submissions
 Determination of Issues –analysis/submissions/findings/reason
 Award
 Signature and Date
I. Notification of Award
J. Termination of Proceedings
K. Effects of Award
SESSION 9 (14 May, room 712)
RECOGNITION AND ENFORCEMENT OF AWARD
The final arbitral process is recognition and enforcement of arbitral award.
It is however national courts rather than arbitral tribunals that are involved
in it. In this session students will be introduced to the techniques of
recognition and enforcement of award. The topic will be discussed under
the following sub-headings:
A. Introduction
B. Requirements for Recognition and Enforcement
 Domestic Award
 Leave to enforce as judgment of the court
 Motion on notice
 Affidavit in support
 Foreign Award
 Leave to enforce as judgment of the court
 Reciprocity (New York Award) & Non Reciprocity
 Motion on Notice
 Affidavit in Support
C. Limitation Period and Award
D. Jurisdictional issues
E. Refusal of Recognition and Enforcement
F. Enforcement by Registration
G. Challenging Award
 Grounds
 Lack of Jurisdiction
 Misconduct
 Improper procurement of proceedings or award
 Error of law
H. Remission
I. Time limit and Procedure
J. Effect of setting aside a domestic award
K. Consequences of setting aside a foreign award
L. End of course assessment & Feedback