Case study on arbitration in corporate disputes (Oil dispute) – Our first training session in 2018

I. Introduction

In 2017, we organised our first training sessions, on tax law.

Our first training session in 2018 starts on 04 January 2018. The objective is to train the participants on the management of arbitration proceedings in a corportae dispute, under modern Rules of an arbitration institution.

Those who wish to participate are kindly requested to contact :

Office landline phone number: 70.033.064

ahmedouerfelli@hotmail.com

yosr-el-benna@hotmail.com

II. Venue:

The training session will be held in our office :

Résidence Golden Towers, Bloc A, en face de clinique Pasteur

5ème étage, bureau n° 5

Centre Urbain Nord

Tunis 1082 – TUNISIA

Language of the training: English

III. Main information:

Case study: Joint operating agreement (JOA) in the field of oil and gas

* Roles of the parties’ counsels, secretaries, arbitrators, and of the board of the arbitral institution

* Costs of arbitration

* Organization and conduct of the procedure

* Drafting of submissions

* Interim awards and decisions (Procedural Orders)

* The making and drafting of the final Award

* Short synopsis on enforcement and annulment of the award(s)

IV. General information on the Case Study and the legal reference

The case study is a mock arbitration to be organised under the rules of an imaginary arbitration institution (TCDR), simlar to the BCDR-AAA Rules 2017.

The choice of BCDR-AAA as a model is due to the modernity of its Rules, in force since 1 October 2017. The BCDR-AAA Rules are accessible, since they are published in three languages (English, Arabic and French). Below is a short overview on the main new rules adopted in those Rules (http://menachambersbh.com/en/bcdr-aaa-launches-new-arbitration-rules/ ). The new Rules contain 41 new Articles, concerning mainly :

1. Date of Commencement.
2. Online filing.
3. Filing Fees & Cost of Arbitration.
4. Expedited Procedures.
5. Summary Procedures.
6. Tribunal Secretary.
7. Privilege.
8. Emergency Arbitrator.
9. Majority Power of the Tribunal.
10. Limitation of Liability.

V. Documents to be distributed to the participants:

(1) Factual elements of the Case Study

(2) The Arbitration Code

(3) The TCDR Arbitration Rules

VI. Provisional agenda (Guidance)

I. Review of the arbitration agreement ü

Detecting weaknesses and Failures of the arbitration agreement ü

Ambiguities, contradictions, combined clauses, pathological clauses ü

Interpretation and cure of pathologies … ü

II. Initiating the procedure ü

Preliminary Request for Arbitration ü

Filing of the online arbitration application ü

Form of the request ü

Documents attached to the application ü

Numbering, order and list of attachments ü

Documentary evidence ü

Sending documents to the secretary, the arbitrators and the opposing party ü

Filing fees and the cost of the arbitrationü

III. The Arbitral Tribunal ü

Appointment and conbstitution ü

First contact with the arbitrator ü

Acceptance of the duty ü

Confirmation of appointments ü

Palliatives for failure or disagreement on the required designations ü

Complex arbitration (plurality of parties) and role of the arbitration institution in the appointment of arbitrators ü

Presidency of the Arbitral Tribunal ü

Limitation of Liability of the Arbitral Tribunal and the Arbitral Institution ü

IV. Secretary of the Tribunal ü

Appointment / choice ü

Role and functions ü

Independence and confidentiality disclosure ü

V. Terms of Reference (ToR) ü

Obligation to establish Terms of Reference ü

Cases where the Terms of Reference are not required ü

Content of the Terms of Reference ü

Cases where the Terms of Reference are not accepted by one of the parties ü

Role of the arbitral institution ü

VI. Objection to the jurisdiction of the Arbitral Tribunal ü

Drafting and presentation of objections ü

Order of submissions ü

Number of submissions ü

Support of submissions ü

Attachments to submissions ü

Decisions on competence

§ Partial award

§ Procedural Order

VII. Other Objections and Preliminary Challenges ü

Manifest lack of jurisdiction ü

Irregularity of the procedure for appointing arbitrators ü

Arbitrator challenge ü

Replacement request ü

Reserve Arbitrators ü

VIII. Urgent measures and early resolution of the dispute ü

Accelerated procedure ü

Summary procedures ü

Emergency arbitrator ü

Provisional and urgent measures of protection ü

§ Request for an interim measure

§ Conditions of granting the requested measures

§ Costs and expenses

§ Drafting of the award

IX. Organization and conduct of the procedure ü

Organization of the procedure, sharing of roles with the arbitral institution ü

Conduct of the proceedings ü

Drafting a Statement of Claim ü

Replica / statement of Defence ü

Later exchanges ü

Payment of fees ü

Witnesses and experts ü

Designation and choiceü

Compensation / Remuneration ü

Probative value ü

Hearings

§ Pre-hearing Preliminary Conference

§ Venue of hearings

§ Persons admitted to the hearing

§ Conduct of the hearing

§ Hearing and direct examination of the parties, witnesses and experts ü

§ Hearing bundle

§ Pleadings

Post-hearing briefs ü

Closure of debates ü

Arbitral award ü

§ Check list

§ Drafting of the Award

§ Reasoning of the award

§ Costs and expenses ü

Correction and interpretation of the award ü

Filing of the award ü

Overview of the annulment (setting aside) and enforcement (exequatur) procedures