Certified Expert in Arbitration & Banking disputes

Effective dispute resolution helps minimize the costs and adverse effects to relationships that often arise from the commercial disputes. 

If informal negotiation fails to resolve a dispute, mediation or arbitration can often be the next best option in order to avoid litigation in court. 

This course will give participants an insight into dispute resolution from the perspective of a lawyer. 

Participants will gain an in-depth understanding of the main differences between the various dispute resolution techniques with a particular focus on arbitration, in order to reduce the likelihood of disputes leading to court cases.

Banks and financial institutions traditionally have favoured litigation over arbitration as the means of resolving international disputes. 

The reasons are often given include: 

(i) financial disputes typically involve straightforward payment claims and do not involve complex legal questions or fact finding, with the latter more suited for arbitration
(ii) arbitration does not provide for the possibility of default judgments or summary judgments, and as a result arbitration is not as efficient and cost effective as court proceedings
(iii) disputes about the tribunal’s jurisdiction may lead to unnecessary delays
(iv) arbitrators tend to render more equitable decisions than judges
(v) the flexibility of the arbitral process creates legal uncertainty
(vi) banks appreciate control of decisions by higher courts on appeal
(vii) arbitration can permit unnecessarily extensive document production (particularly compared with civil law courts)
(viii) arbitration is problematic in multi-party disputes
(ix) arbitral confidentiality means that proceedings cause less embarrassment to the debtor
(x) awards have limited precedential value.

Benefits:

By the end of the course, participants will be able to:

• Identify the right course of action to resolve a legal dispute
• Reduce the possibility of disputes leading to legal action
• Apply national and international legal requirements for dispute resolution
• Employ arbitration knowledge to negotiate terms
• Use case law to achieve a favorable outcome for their organization

Contents:

• Basics of Arbitration in the work of banks and banking disputes
• arbitration in accordance with the system of the DIFC
• arbitration system according to the Union of Arab Banks
• law applicable to the arbitration proceedings with the theme
• practical problems for Documentary Credits
• practical problems relating to letters of guarantee
• practical problems relating to arbitration by check and the
• calculating benefits under opposes legal texts
• problems related to the implementation of the rules of secrecy