International Arbitration and Risk Management

How to reduce costs, maximize profits, rationally allocate and manage resources in international arbitrations concerning cross-border disputes

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Start date Nov 28, 2023
End date Nov 30, 2023
Duration 3 Days
Location Milano
Format Class
Language English
Price (+ VAT) € 3,000

Main Goal

In the age of globalization, companies can easily find themselves involved in international arbitrations. From the initial phase of selecting arbitration as a mechanism for settling cross-border disputes to the final phase of recognition or challenge of an arbitral award, international arbitration can either be a costly effort or a source of earnings and like any other business must be handled through project and risk management tools.

This course will give professionals the necessary tools to rationally plan the management of cross-border disputes their companies are involved in, choosing the various strategic options, allocating the necessary resources and monitoring costs.

Who Is It For

International arbitration and risk management is for anyone who wishes to expand her/his knowledge on matters related to international arbitration, understand the most effective ways to manage them from an in-house and client-oriented perspective, fully assess the risks and opportunities, as well as stay up to date on the best international practices.

The target class is made of in-house counsel who wish to gain or refine their training in the field, as well as project managers and professionals in market sectors that are more exposed to international disputes (like contracts for large-scale projects, Private Equity/M&A, Oil & Gas supply). Furthermore, the course is targeted towards lawyers from Italian and international law firms working in arbitration who wish to further explore this subject and interact with some of the most well-known professionals in the field.



Program Counseling

To help you understand whether the contents of the course will meet your expectations and choose the best education options for your profile and objectives, you can contact an academic counselor to discuss the details. erica.pizzelli@sdabocconi.it

Structure & Topics Covered

 

The International arbitration and risk management course will take place over 3 days with classroom lessons for a total of 24 hours. At the end of the course, participants will put what they learned in practice through a business game, in which two teams will compete in front of a simulated board of directors (formed by three well-known professionals in the field) to present two alternative projects aimed at illustrating a strategic plan for managing a complex cross-border dispute their company is involved in.

Here is a list of the contents of the course:

 

1. Choosing international arbitration

  • “International” arbitration: a brief introduction
  • Best strategies and tactics in choosing a dispute resolution mechanism before and after a dispute arises. The advantages of resorting to international arbitration and the forum/law shopping approach
  • Negotiation and drafting dispute resolution clauses and clauses on the applicable law
  • Investment arbitration and treaty shopping: defining the architecture of a foreign investment in light of protections offered by international treaties

 

2. International arbitration as a “project”

  • Preliminary SWOT analysis (in the different claimant’s and respondent’s perspectives)
  • Early Case Assessment
  • Creation of your dedicated team and identification of the in-house managers (legal, technical, commercial)
  • Selection of external consultants (legal and technical)
  • Alternative models of compensating external consultants and monitoring expensese
  • Third party financing

3. The management of recurring issues in the practice of international arbitration

  • Time and cost claims in international engineering, procurement and construction contracts
  • Management of disputes over price adjustment or revision procedures in M&A and Oil & Gas sectors
  • Quantification of damages
  • Cross-examination a practical guide for witnesses, experts and lawyers. Practice with a specific case

 

4. Favorable and unfavorable arbitral awards: procedures for enforcement and appeal

  • Arbitrators’ challenges
  • Actions to set aside the arbitral award
  • Opposition to the enforcement and/or recognition of the arbitral award
  • Identification of the debtor’s assets and international circulation of the arbitral award from a forum/law shopping perspective
  • Enforcement of the arbitral award in Italy and abroad



You will have the chance to examine your own journey in light of the experiences of those who are dealing with the same professional challenges.

 

Download the brochure to find out more about the expected learning outcomes, the learning model and the Faculty of the course.

Download Brochure


 

 

Why Join Us?

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Benefits for the participant

 

  • Acquire specific knowledge about handling cross-border disputes and international arbitrations, from the initial choice of the arbitrator to the final phase of dealing with a favorable or unfavorable award once it is issued
  • Become familiar with the complexity of the processes triggered by international arbitration and with the different actors who play a role in their management
  • Meet the expectations of managers and clients involved in international arbitrations
  • Interact with some of the most well-known professionals in international arbitration

 

Benefits for you company

 

  • Spread awareness of the need to manage arbitrations according to risk management criteria common to all businesses (cost-benefit analysis)
  • Train in-house professionals to approach international disputes through efficient organization techniques, according to what would be required of any business project
  • Understand how to best select external consultants and acquire the tools needed to monitor and minimize costs
  • Learn how to control the dynamics of international arbitrations by playing an active role in the management of disputes (containing costs, controlling time, document processing and preparation of witnesses, experts, hearings, etc.)

 

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SDA BOCCONI Certifications

 

The certification of competency is an assessment opportunity aimed at mapping your skills and enhancing your professional profile. The SDA Bocconi certificate is granted following a test that verifies the degree to which the contents of the course were absorbed. The test is voluntary.

 

 


 

Certificates and Accreditation

 

Accreditation

An accreditation request has been submitted to the Consiglio Nazionale Forense.

 

Digital Badges

The digital badges are an innovative and immediate way to share your achievements. They are verifiable and associated with an individual user. They allow you to update your network of contacts by highlighting the different steps reached in your SDA Bocconi journey.

 

Certification of partecipation

The certificate – presented in both print and digital forms – is a useful way to enhance your CV and portfolio of educational experiences. It is granted to participants who have attended at least 80% of the lessons.

 


 

 

Information

 

Program Agenda

 

The program lasts 3 days (24-hour time equivalent)

Aula

28-30 Nov 2023

9:00 - 18:00

 

 

Program Location

 

On-campus training will take place at:
Bocconi School of Management: Via Sarfatti 10, 20136 Milan (Italy)

 

 

Fee

 

€ 3.000 (+ VAT) fee includes educational materials and working lunches, but not VAT. A maximum number of participants is pre-determined. You can reserve and register online on the program’s web page.

 

 

Special Payment Terms

 

A 10% reduction on the program fees offered to applications sent in by the 29th of September 2023.

For further information and details on discounts, please refer to: www.sdabocconi.it/special-payment-terms

 

Apply ASAP

 

You can apply for the Program until the day before it is due to start. For organizational reasons, we encourage you to complete your registration process 10 days before the Program begins.

 

Is international arbitration a complex, risky and costly procedure that a company must avoid at all costs? Not really! International arbitration can become a source of earnings and opportunities on the condition that in-house counsel and external consultants manage it as a business project, by understanding the specifics of cross-border disputes and effectively allocating the necessary resources to handle them. This course offers the know-how for achieving this objective thanks to a faculty of international caliber and their extremely practical approach, which makes it unique in the field.

 

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Massimo Benedettelli
Director
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