For complex, high-value Public-Private Partnerships (PPPs), particularly those involving cross-border investments, International Arbitration for PPP Disputes stands as the preferred and often indispensable mechanism for resolving conflicts, offering a neutral, efficient, and enforceable alternative to national court systems. Given the long-term nature of PPP contracts and the significant financial stakes, disputes are almost inevitable, ranging from contractual breaches and performance failures to regulatory changes and political interventions, necessitating a robust and internationally recognized forum for resolution. This comprehensive training course is meticulously designed to equip legal professionals, government officials, private sector investors, and project managers with the in-depth theoretical knowledge and practical skills required to understand, draft, and navigate international arbitration proceedings in the context of PPP disputes, ensuring the protection of rights, the enforceability of awards, and the preservation of investor confidence. Without expertise in International Arbitration for PPP Disputes, parties risk protracted litigation, inconsistent judgments, and a failure to secure effective remedies, underscoring the vital need for specialized expertise in this critical domain.

Duration: 10 Days

Target Audience

• Legal Professionals (Arbitration Counsel, In-house Counsel, Government Lawyers)
• Public Sector Officials involved in international PPPs
• Private Sector Investors and Project Developers
• Financial Institutions and Lenders' Legal Counsel
• Contract Managers for international PPPs
• PPP Unit Professionals
• Academics and Researchers in international dispute resolution
• Mediators and Arbitrators specializing in infrastructure disputes
• Government Policy Makers (to understand dispute resolution implications)
• Anyone involved in cross-border PPP transactions

Objectives

• Understand the fundamental principles of international arbitration in the context of PPPs.
• Learn about the various types of international arbitration (commercial, investment) and their applicability.
• Acquire skills in drafting effective and enforceable international arbitration clauses in PPP contracts.
• Comprehend techniques for navigating the procedural aspects of international arbitration proceedings.
• Explore strategies for managing evidence and presenting a compelling case in arbitration.
• Understand the role of major international arbitral institutions (ICC, LCIA, SIAC, ICSID).
• Gain insights into enforcing international arbitral awards globally.
• Develop a practical understanding of investor-state dispute settlement (ISDS) in PPPs.
• Master legal and strategic considerations when facing an international PPP dispute.
• Acquire skills in identifying and mitigating legal and political risks in international PPPs.
• Learn to apply international conventions and treaties relevant to arbitration.
• Comprehend techniques for selecting arbitrators and managing the arbitral tribunal.
• Explore strategies for cost-effective and time-efficient resolution in international arbitration.
• Understand the importance of preserving relationships while pursuing dispute resolution.
• Develop the ability to lead and participate effectively in international arbitration for PPP disputes.

Course Content

Module 1: Introduction to International Arbitration for PPPs

• Definition of international arbitration and its advantages for PPP disputes.
• Why arbitration is preferred over national litigation for cross-border PPPs.
• Key characteristics: neutrality, confidentiality, enforceability, party autonomy, expertise.
• Overview of the international arbitration ecosystem.
• Common types of disputes arising in international PPPs.

Module 2: The Arbitration Agreement

• Importance of a well-drafted arbitration clause in the PPP contract.
• Essential elements of an arbitration agreement: scope, arbitrability, seat, governing law.
• Separability principle and its implications.
• Multi-tiered dispute resolution clauses incorporating arbitration.
• Drafting exercises for effective arbitration clauses.

Module 3: Institutional vs. Ad Hoc Arbitration

• Advantages and disadvantages of institutional arbitration (e.g., ICC, LCIA, SIAC, AAA, SCC).
• Role of arbitral institutions: administration, rules, lists of arbitrators.
• Ad hoc arbitration: flexibility vs. administrative burden.
• Choosing the right institution or ad hoc framework for a PPP.
• Cost considerations for different types of arbitration.

Module 4: Investor-State Dispute Settlement (ISDS) and ICSID

• Introduction to ISDS and its relevance for PPPs involving foreign investment.
• Bilateral Investment Treaties (BITs) and their protection of investors.
• The International Centre for Settlement of Investment Disputes (ICSID) Convention and Rules.
• Consent to ICSID jurisdiction by states and investors.
• Typical claims brought by investors against states in PPP contexts.

Module 5: The Arbitral Tribunal

• Number of arbitrators: sole, three-member tribunal.
• Selection and appointment of arbitrators: party-appointed, institutional appointment.
• Qualifications and expertise of arbitrators for PPP disputes.
• Challenges to arbitrators: independence and impartiality.
• Role of the arbitral tribunal: managing proceedings, issuing awards.

Module 6: Procedural Aspects of International Arbitration

• Commencement of arbitration: Request for Arbitration, Answer, Counterclaims.
• Preliminary conferences and procedural orders.
• Case management techniques for complex PPP disputes.
• Disclosure of documents (discovery/disclosure).
• Witness testimony and expert evidence.

Module 7: Governing Law and Jurisdiction

• Choice of governing law for the PPP contract.
• Governing law of the arbitration agreement.
• Seat of arbitration and its significance (lex arbitri).
• Jurisdiction of national courts in support of arbitration (e.g., interim measures).
• Conflict of laws principles in international PPPs.

Module 8: Evidence and Hearings in Arbitration

• Rules of evidence in international arbitration.
• Direct and cross-examination of witnesses.
• Role of expert witnesses in technical and financial matters.
• Conduct of arbitral hearings: oral arguments, closing statements.
• Post-hearing submissions.

Module 9: The Arbitral Award

• Form and content of an arbitral award.
• Types of awards: partial, interim, final.
• Damages and remedies in PPP arbitration.
• Interest and costs in arbitration.
• Confidentiality of awards.

Module 10: Challenging Arbitral Awards

• Grounds for annulment/set-aside of arbitral awards at the seat of arbitration.
• Limited scope of judicial review of awards.
• Comparison of annulment regimes in different jurisdictions.
• Strategies for defending against annulment applications.
• Practical implications of a successful challenge.

Module 11: Enforcement of Arbitral Awards

• The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
• Grounds for refusing enforcement under the New York Convention.
• Enforcement against sovereign states and state immunity.
• Strategies for enforcing awards in multiple jurisdictions.
• Practical challenges in award enforcement.

Module 12: Interim Measures and Emergency Arbitration

• Purpose of interim measures (e.g., injunctions, asset freezing).
• Power of arbitral tribunals to grant interim measures.
• Role of national courts in granting interim measures in aid of arbitration.
• Emergency arbitrator procedures for urgent relief.
• Drafting interim measures clauses.

Module 13: Managing Cross-Border PPP Disputes Strategically

• Developing a dispute management strategy for international PPPs.
• Early dispute assessment and risk mitigation.
• Selecting the optimal dispute resolution mechanism for specific conflicts.
• Coordinating legal and technical teams across jurisdictions.
• Cost-effective dispute resolution strategies.

Module 14: Role of National Courts and Parallel Proceedings

• Interaction between national courts and international arbitration.
• Anti-suit injunctions and anti-arbitration injunctions.
• Risk of parallel proceedings in different forums.
• Strategies for avoiding or managing parallel proceedings.
• The principle of comity and judicial deference.

Module 15: Case Studies and Emerging Trends

• Analysis of landmark international arbitration cases involving PPPs.
• Lessons learned from successful and challenging international arbitrations.
• Emerging trends: third-party funding, cybersecurity in arbitration, AI in dispute prediction.
• The future of ISDS and its reform debates.
• Workshop: Mock arbitration hearing or drafting exercise for a complex PPP dispute.

Training Approach

This course will be delivered by our skilled trainers who have vast knowledge and experience as expert professionals in the fields. The course is taught in English and through a mix of theory, practical activities, group discussion and case studies. Course manuals and additional training materials will be provided to the participants upon completion of the training.

Tailor-Made Course

This course can also be tailor-made to meet organization requirement. For further inquiries, please contact us on: Email: info@skillsforafrica.org, training@skillsforafrica.org Tel: +254 702 249 449

Training Venue

The training will be held at our Skills for Africa Training Institute Training Centre. We also offer training for a group at requested location all over the world. The course fee covers the course tuition, training materials, two break refreshments, and buffet lunch.

Visa application, travel expenses, airport transfers, dinners, accommodation, insurance, and other personal expenses are catered by the participant

Certification

Participants will be issued with Skills for Africa Training Institute certificate upon completion of this course.

Airport Pickup and Accommodation

Airport pickup and accommodation is arranged upon request. For booking contact our Training Coordinator through Email: info@skillsforafrica.org, training@skillsforafrica.org Tel: +254 702 249 449

Terms of Payment: Unless otherwise agreed between the two parties’ payment of the course fee should be done 7 working days before commencement of the training.