This training program provides an in-depth exploration of the legal frameworks, mechanisms, and best practices for resolving cross-border commercial and investment disputes. Participants will examine how arbitration, mediation, and litigation operate across multiple jurisdictions, with a focus on the recognition and enforcement of foreign judgments and arbitral awards under international conventions such as the New York Convention, Hague Judgments Convention, and ICSID Convention. Through real-world case analyses and practical simulations, participants will develop the expertise to strategically handle complex international disputes, draft enforceable dispute resolution clauses, and navigate multi-jurisdictional enforcement challenges
Secure enrollment • Professional certificate included
Learning Objectives
By the end of this course, participants will be able to:
Understand the legal principles governing cross-border dispute resolution and enforcement.
Analyze jurisdiction, applicable law, and choice of forum in international contracts.
Evaluate the use of arbitration, mediation, and litigation in resolving transnational disputes.
Apply international conventions and national laws governing enforcement of foreign judgments and awards.
Draft effective cross-border dispute resolution clauses in contracts.
Manage enforcement risks and strategize legal actions across jurisdictions.
Course Content
Module 1: Foundations of Cross-Border Dispute Resolution Key Study Areas: Nature and complexity of cross-border disputes Sources of international dispute resolution law The role of public international law, private international law, and transnational rules Key international institutions (UNCITRAL, ICC, LCIA, ICSID, WIPO) Overview of dispute settlement mechanisms in trade and investment Case Studies: Disputes arising under international trade contracts Cross-border business conflicts involving multiple jurisdictions Activities: Group discussion: Choosing the best dispute resolution method for an international joint venture Mapping exercise: Global network of international arbitration institutions Module 2: Jurisdiction, Applicable Law & Conflict of Laws Key Study Areas: Jurisdictional principles: territoriality, domicile, and forum conveniens The role of jurisdiction clauses and forum selection agreements Choice of law in cross-border contracts Conflict of laws rules in contract, tort, and corporate disputes Renvoi and public policy exceptions in cross-border enforcement Case Studies: Cross-border contract dispute involving conflicting jurisdiction clauses Owusu v. Jackson (ECJ) and implications for jurisdictional control Activities: Workshop: Drafting a multi-jurisdictional dispute resolution clause Scenario exercise: Determining applicable law in a transnational transaction Module 3: International Commercial Arbitration Key Study Areas: Principles of arbitration: consent, autonomy, and finality UNCITRAL Model Law and institutional rules (ICC, LCIA, SIAC, HKIAC) The arbitration agreement: validity, scope, and path to arbitration Appointment of arbitrators and procedural frameworks Interim measures and arbitral awards Case Studies: Dallah Real Estate v. Pakistan (jurisdictional validity of arbitration agreements) Dispute under an ICC arbitration involving multi-tiered clauses Activities: Simulation: Drafting an arbitration clause for an international construction contract Role-play: Appointment of arbitrators and drafting of terms of reference Module 4: Investor-State Dispute Settlement (ISDS) Key Study Areas: Distinctions between commercial and investment arbitration ICSID Convention and jurisdictional thresholds Investor rights and host state obligations under BITs Procedural stages of investor-state arbitration Enforcement and annulment of ICSID awards Case Studies: Yukos v. Russia and Philip Morris v. Uruguay ICSID annulment proceedings and their implications Activities: Mock arbitration: Investor vs. host state under a BIT Group exercise: Drafting a consent clause for ISDS under ICSID Module 5: International Mediation and Conciliation Key Study Areas: Principles of mediation in cross-border contexts The Singapore Convention on Mediation Role of mediators and confidentiality in settlement processes Combining mediation and arbitration (Med-Arb and Arb-Med) Cultural and procedural differences in cross-border mediation Case Studies: Cross-border commercial mediation under the Singapore Convention Analysis of successful multi-party mediation in an energy dispute Activities: Simulation: Conducting a mediation session between two international corporations Drafting exercise: Mediation clause in an international supply contract Module 6: Cross-Border Litigation Key Study Areas: Service of process and evidence across jurisdictions (Hague Service & Evidence Conventions) Recognition and enforcement of foreign judgments Anti-suit injunctions and parallel proceedings Judicial cooperation and mutual assistance mechanisms Limitations of national courts in global disputes Case Studies: Enforcement of U.S. judgments in Europe and Africa Case on parallel proceedings and conflicting judgments Activities: Drafting a legal brief seeking recognition of a foreign judgment Group discussion: Challenges of forum shopping and lis pendens Module 7: Enforcement of Arbitral Awards Key Study Areas: Recognition and enforcement under the New York Convention (1958) Grounds for refusal of enforcement under Article V Enforcement of non-conventional arbitral awards (ad hoc and investment) Role of national courts in enforcement and set-aside proceedings Enforcement of interim and emergency measures Case Studies: Chromalloy v. Egypt and Hilmarton v. Omnium de Traitement Comparative enforcement cases in Asia, Africa, and Europe Activities: Workshop: Preparing an enforcement application under the New York Convention Simulation: Arguing enforcement objections before a mock court Module 8: Enforcement of Foreign Judgments and Settlements Key Study Areas: Recognition of foreign judgments under bilateral and multilateral treaties The Hague Judgments Convention and its global impact Enforcement of settlement agreements from mediation and arbitration Reciprocity and comity principles in judicial cooperation National approaches: U.S., UK, EU, and African perspectives Case Studies: Enforcement dispute under the Hague Judgments Convention Case study: Refusal of enforcement due to public policy exception Activities: Group workshop: Comparing enforcement procedures in multiple jurisdictions Drafting assignment: Recognition and enforcement petition for a foreign judgment Module 9: Emerging Trends & Technology in Cross-Border Dispute Resolution Key Study Areas: Online Dispute Resolution (ODR) and virtual arbitration hearings Use of AI and digital tools in evidence management and case analysis Blockchain-based arbitration and smart contracts Cybersecurity and data privacy in international arbitration Transparency and diversity initiatives in global dispute resolution Case Studies: Virtual arbitration proceedings under ICC guidelines Dispute resolution via smart contracts and blockchain platforms Activities: Workshop: Simulating a virtual arbitration hearing Group discussion: Ethical implications of AI in legal dispute management Module 10: Strategic Management of Cross-Border Disputes Key Study Areas: Preventive dispute management and risk allocation in contracts Multi-tiered dispute resolution clauses (negotiation, mediation, arbitration) Enforcement strategy planning and asset tracing Role of litigation funding and insurance in international disputes Drafting dispute resolution clauses for complex international projects Case Studies: Case of complex multi-party, multi-contract arbitration in the construction sector Successful enforcement strategy of an arbitral award against a sovereign entity Activities: Capstone simulation: Negotiating a full cross-border dispute resolution and enforcement strategy for a multinational transaction Final presentation: Designing a dispute resolution roadmap for a real-world scenario
Who Should Attend
This course is designed for international lawyers, in-house counsels, arbitrators, mediators, judges, corporate legal advisors, compliance officers, and government officials engaged in cross-border trade, investment, or dispute resolution. It also benefits banking, construction, and energy sector professionals, as well as diplomats and policymakers involved in negotiation and enforcement of international agreements.
