6 Week Online Arbitration & Related Litigation Certificate Course: Enrol by May 23

About mentblue

mentblue is dedicated to fostering the growth and development of the next generation of legal professionals. It is attempting to connect law aspirants, students and professionals with experienced mentors who can guide them through every step of their journey.

About Arbitration & Related Litigation  Course

This is a 6-week intensive course designed to equip law students and young professionals with the practical skills required to excel in arbitration practice at leading law firms and chambers. 

The course walks you through the entire lifecycle of an arbitration proceeding under Indian law—from drafting robust arbitration clauses and initiating the process, through managing pleadings, handling interim reliefs before courts and tribunals (Sections 9 & 17), navigating evidence, understanding the arbitral award, to strategising enforcement and challenges. Participants will gain hands-on training in drafting critical documents like Notices, Petitions, Statements of Claim/Defence, and Evidence Affidavits.

Who can Attend?

Law students (including LLM students), graduates, academicians and practitioners.

Modules

Class 1: Foundations of Arbitration in India

• Understanding Arbitration: Definition, Scope, Core Principles (Party Autonomy, Confidentiality, Finality, Minimal Judicial Intervention).
• Types: Domestic vs. International Commercial, Institutional vs. Ad Hoc – Analysing Pros and Cons.
• Arbitration vs. Litigation: Key Differences, Strategic Advantages & Disadvantages.
• Legal Framework: Overview of the Arbitration and Conciliation Act, 1996 & Key Amendments (2015, 2019, 2021).
• International Context: Role of UNCITRAL Model Law and New York Convention.
• The Arbitration Agreement: Its crucial role as the foundation.
• Assignment: Analyse sample arbitration clauses for key elements and ambiguities.

Class 2: The Arbitration Agreement & Initiating Arbitration

• Drafting Effective Arbitration Clauses: Essentials (Section 7), Validity, Strategic considerations (Seat vs. Venue, Law, Rules).
• Handling Complexities: Multi-party and Multi-contract scenarios.
• Pre-Arbitration Steps: Managing Tiered Clauses (Negotiation, Mediation).
• Invoking Arbitration: Drafting and Serving the Notice of Arbitration – Essential Contents.
• Assignment: Draft a comprehensive arbitration clause and a Notice invoking arbitration.

Class 3: Jurisdiction, Arbitrability & Appointment of Arbitrators

• Jurisdictional Principles: Separability Doctrine & Kompetenz-Kompetenz (Section 16).
• Challenging Jurisdiction: Drafting and Arguing Section 16 Applications.
• Arbitrability: Identifying arbitrable vs. non-arbitrable disputes in India (referencing key case law).
• Appointing Arbitrators (Section 11): Agreed procedures, Institutional rules, Court appointments.
• Challenging Appointments (Sections 12 & 13): Grounds (Bias, Independence), Procedure, Disclosure requirements.
• Assignment: Draft a Section 11 petition for court appointment of an arbitrator.

Class 4: Interim Reliefs & Emergency Arbitration

• Interim Measures by Court (Section 9): Scope, Types of Relief, Guiding Principles, Timing, Procedure, Drafting Petitions.
• Interim Measures by Tribunal (Section 17): Tribunal Powers, Reliefs Available, Enforcement.
• Strategic Choices: Comparing Section 9 and Section 17.
• Emergency Arbitration: Concept, Procedure under Institutional Rules, Enforceability in India (referencing key cases).
• Assignment: Draft a Section 17 application for preservation of assets.

Class 5: Pleadings & Framing the Case

• Statement of Claim (SOC): Purpose, Structure, Key Components (Facts, Legal Basis, Breach, Relief), Drafting Techniques.
• Statement of Defence (SOD) & Counterclaim (CC): Responding to SOC, Structure, Drafting effective defences and counterclaims.
• Further Pleadings: Understanding Rejoinders and Sur-rejoinders.
• Assignment: Draft a detailed Statement of Claim based on a provided scenario.

Class 6: Evidence in Arbitration

• Evidentiary Principles: Applicability of Indian Evidence Act, Burden & Standard of Proof.
• Documentary Evidence: Disclosure, Discovery, Inspection, Admissibility, E-discovery, Notice to Produce, Affidavit of Admission/Denial.
• Witness Evidence: Fact vs. Expert Witnesses, Selection.
• Witness Statements/Affidavits: Purpose, Structure, Drafting, Role in replacing Examination-in-Chief.
• Assignment: Draft an Affidavit of Evidence for a key fact witness.

Class 7: Hearings & Examination of Witnesses

• Procedural Management: Orders, Timetables, Preliminary Meetings, Tribunal Powers (Sections 19, 24, 25), Handling Party Defaults.
• Hearings: Oral vs. Documents-only (Fast Track – Section 29B), Preparation (Opening Statements, Arguments).
• Witness Examination: Examination-in-Chief, Cross-Examination Techniques, Re-Examination, Witness Preparation Ethics.
• Court Assistance: Using Section 27 for evidence gathering.
• Assignment: Prepare cross-examination questions based on a witness affidavit.

Class 8: The Arbitral Award, Challenge & Enforcement

• The Arbitral Award: Types, Essential Requirements (Section 31), Costs (Section 31A), Correction/Interpretation (Section 33), Termination (Section 32).
• Challenging Awards (Section 34): Detailed look at limited grounds (Incapacity, Invalidity, Notice, Scope, Procedure, Arbitrability, Public Policy/Patent Illegality), Procedure, Limitation, Drafting Petitions.
• Enforcement: Domestic Awards (Section 36), Foreign Awards (Part II – New York/Geneva Conventions).
• Assignment: Draft the operative part of a final arbitral award.

Class 9: Appeals, Conciliation/Mediation & Career Development

• Appeals (Section 37): Understanding the very limited scope of appealable orders and procedure.
• Conciliation & Mediation: Process under the Act, Status of Settlements, Overview of Mediation Act, 2023.
• Career Roadmap: Specialisation areas, Ethics, Technology in practice.
• Getting Started: Internships, Networking, Mentorship, Professional Development, Certifications (MCIA, ICA etc.), Empanelment, Career Transitions.
• Assignment: Prepare a memo on the appealability of an interim order under Section 37.

Faculties

1. Mr. Gauhar Mirza, Partner, Cyril Amarchand Mangaldas
2. Ms. Shruti Khanijow, Partner, Shardul Amarchand Mangaldas
3. Mr. Anirudh Krishan Gandhi, Partner Designate, Luthra & Luthra

Duration

Course Duration: 6 Weeks, starting 24 May

Classes will be held only on weekends (10 AM to 11 AM). Recordings will be given from missed sessions.

Perks 

• Weekend sessions with fixed timings
• Live and interactive sessions with doubt-clearing options
• Learn from the top industry experts
• A certificate on completion of the course to show your expertise
• Get access to recorded video lectures
• Practical assignments

Last Date of Enrolment

May 23

Course Fees

Rs 5999

Enrolment Procedure

Click Here to Enrol.