||History and forms of arbitral processes, UNCITRAL Model Law, Overview of the arbitral process, Comparison of the International Arbitration Act (Federal) and the uniform state legislation – Commercial Arbitration Act
||The Arbitration Agreement
||Ad hoc submissions and pre-dispute agreements, Institutional and ad hoc arbitrations, Nature, scope and effect of agreement, "International" agreements and impact of institutional rules, Arbitrability of subject matter, Doctrine of separability.
||Court Proceedings and the Arbitration Agreement
||Challenge of existence of agreement, Rights of non- signatory to arbitration agreement, Stay of court proceedings and summary court judgments in Common Law jurisdictions, Jurisdiction of courts in civil law jurisdictions over matters subject to arbitration.
||The Arbitral Tribunal
||Parties’ right to nominate; nomination by appointing authority; arbitral institutions, e.g., ACICA, ICC, AAA, SIAC. Appointment by default appointing authority. Jurisdiction of tribunal; jurisdiction to determine own jurisdiction; Kompetenze-kompetenze. Rule: Challenge of jurisdiction: role of domestic court and administering institution. Duties of arbitrators; express and implied; and the power of delegation. Role of Chairman/umpire, Court's powers to remove arbitrators, Immunity of arbitrators; arbitral institutions.
||The Arbitration Proceedings
||Commencement and statutory time prescriptions. Conduct of proceedings; ad hoc procedures and institutional rules. Tribunal’s powers as given by local laws during proceedings. Terms of Reference and ‘pleadings’. Evidence in Arbitration. Arbitral powers and concurrent powers of the domestic court. Non- signatories; joinder of ‘third’ parties and consolidation of arbitral proceedings. Interim measures, orders and directions. Multi-party issues.
||Laws which impact the arbitration. Basis of determination of issues; substantive law. Equity clauses. Lex mercatoria, international commercial law. Amiable composition, ex aequo et bono.
||The Arbitral Award
||Scope, form and features of award. Reliefs and remedies viz. adjustment, adaptation, filling gaps, renegotiation…etc. Interests, costs, Reasons for award, Mistakes and omissions in awards, Role of arbitral institution in scrutiny and issuance of awards, Interpretation and additional award, Effect of award: on parties, on tribunal.
||Recourse against Awards
||Appeals against awards in domestic courts, setting aside an award, suspension of award.
||Enforcement of Awards
||Enforcement of awards in primary jurisdiction. Treatment of "foreign" and "domestic", awards in domestic laws. Convention for the Recognition and Enforcement of Foreign Arbitral Awards 1958 ("New York Convention 1948"). Grounds for challenging awards under Convention. Enforcement of awards under bilateral treaties other than under Convention.
||Investment Dispute Arbitration
||BITs, MITs, FTAs, Extra-contractual claims, ICSID Conciliation and Arbitration.