Strategies for Asian Disputes - A Comparative Analysis
About This Course
At the end of the course, participants will :
1. understand the diversities of the judicial systems in the Region and the role that these legal systems play to the resolution of commercial disputes;
2. understand the issues that arise during the preliminary stages of a dispute, including issues related to local procedural laws, jurisdictional issues and the choice of fora when initiating such a dispute;
3. understand the New York Conventions and deal with the different aspects imperative to understand its working;
4. learn to analyse the various kinds of interim relief, and the different fora available to pursue interim relief remedies in different jurisdictions;
5. have an overview of the procedure for an arbitration;
6. learn to deal with defences, including in particular Guerrilla tactics deployed in dispute resolution;
7. learn to analyze, through judicial precedent from key common law jurisdictions, the award debtor�s option of having a �second bite at the cherry� while resisting an award at the stage of enforcement subject to the limitations imposed by issue estoppel;
8. to understand the basic principles of investment treaty arbitration, and also the practicalities of being in litigation with a State.
What You'll Learn
This course aims to set out the practical realities of dispute resolution in Asia and aims to make students step into the shoes of lawyers and understand how to tackle and strategize real disputes.� The course covers topics related to jurisdiction, interim relief, defence and guerrilla tactics, issue estoppel, choice of remedies and dealing with a State in relation to investment treaty disputes to give students a real life understanding of the issues which arise in international disputes.� In the context of the substantive issues, the students would also go through facets of the New York Convention and a comparative analysis of the laws of Singapore, England & Wales, India and Hong Kong.
Entry Requirements
A good Bachelor's or Juris Doctor degree in Law