Certified Expert in Banking Arbitration, Disputes Resolution and Contracts Course

Course Overview:

The course Certified Expert in Banking Arbitration, Dispute Resolution and Contracts aims to teach necessary competencies to the professionals who will be working or are already working in the banking and finance industry which involve dispute management and resolution.

After completing the course, participants will have knowledge of the different arbitration forms and dispute resolution mechanisms, and appreciate the principal stages of arbitration.

The course also discusses the pros and cons of applicable arbitration in banking and finance, and what lenders consider when resolving conflicts. Some of these are the drafting of contracts, arbitration and dispute resolution clauses, resolution through mediation, negotiations, and automation technologies for intelligent process management to avoid conflict.

This course describes the related aspects of dispute resolution like confidentiality, quick resolution, and compliance with the law, and thus, the participants will be able to conduct the arbitration, protect the organizational interests, and resolve all disputes in the banking industry.

Course Objectives:

At the end of this Certified Expert in Banking Arbitration, Disputes Resolution and Contacts Course, learners will be able to do:

• develop a thorough understanding of arbitration, dispute resolution, and contracts
• draft contracts carefully, securing the interest of both parties through appropriate contracts
• use effective means to resolve disputes amicably for one’s organization, without any impact on organizational costs and branding
• train other professionals on important features of arbitration, dispute resolution, and contracts
• play an active role to sort out issues and disagreements through effective arbitration means
• review all existing agreements of the organization for alignment with relevant arbitrary laws, thus ensuring organizational stability and credibility
• undertake critical roles of overseeing all aspects that could be causes or sources of dispute between the organization and other parties, in turn demonstrating talent to assume higher roles securing one’s growth
• apply modern concepts of arbitration and dispute resolution for one’s organization, while ensuring that the organization stays competent and safeguarded

Who Should Attend?

This course is beneficial for:

• Bankers and other financial executives concerned with banking functions
• Strategic leadership involved in critical decision making
• Legal advisors responsible for safeguarding the organization’s interest in case of legal issues
• Other judicial members who need to understand arbitration, dispute resolution, and contracts in banking
• Contract managers overseeing the drafting and execution of contracts between the organization and other parties
• Any other professional interested in knowing more about banking arbitration, dispute resolution, and contracts

Course Outlines:

Module 1 – Types of Arbitration

• Institutional
• Ad hoc
• Statutory
• Domestic and international

Module 2 – Steps in the Arbitration Process

• Case filing
• Arbitrator selection process
• Preliminary hearing and scheduling order
• Discovery process
• Hearing/mediation
• Arbitration hearing
• post-arbitration briefs
• Final arbitration award

Module 3 – Advantages of Arbitration

• Decision-maker with expertise
• Speed
• Lower cost
• Flexible
• Confidential
• Less formal than court
• Business relationship preservation

Module 4 – Disadvantages of Arbitration

• Limited recourse
• Uneven playing field
• Lack of transparency
• Limited rights of appeal
• Lack of formal discovery

Module 5 – Reasons for Increased Arbitration in Finance

• Legal and financial market expertise of qualified arbitrators
• Confidentiality of the arbitral process
• Worldwide enforceability of arbitral awards

Module 6 – Tailor-Made Choices in case of Arbitration in Banking and Finance

• Seat of arbitration
• Selection of arbitrators
• Consolidation and joinder provisions
• Procedures for swift decisions

Module 7 – Aspects Considered by Lenders during Dispute Resolution

• Stability and predictability
• Neutrality
• Professionalism
• Confidentiality, speed, cost
• Flexible enforceability

Module 8 – Types of Banking Disputes

• Commercial loan facility litigation
• Inter-bank disputes
• Financial fraud and anti-money laundering
• Mis-selling of financial products and services
• Lender claims
• Distressed debt

Module 9 – Dispute Resolution Processes

• Adjudicative processes
• Litigation
• Arbitration
• Consensual processes
• Collaborative law
• Mediation
• Conciliation
• Negotiation

Module 10 – Obstacles While Addressing Card Disputes

• Complex operating models
• Over-processing of banks
• The long, complex research process
• Ineffective quality assurance
• Inadequate performance management
• Over-reliance on case management systems
• Increasing regulatory focus

Module 11 – Five Imperatives to Address Dispute Resolution Obstacles

• Digitize dispute resolution processes
• Redesign processes with lean principles
• Apply advanced analytics
• Employ intelligent process automation
• Strengthen management systems

Module 12 – Uses of Intelligent Process Automation

• Fraud prevention
• Intake review
• Dispute management
• Dispute processing
• Post-dispute processing
• Post-dispute quality analysis on fraud
• Dispute support

Module 13 – Contents of an Arbitration Clause in a Contract and their Importance

• Intention to resolve disputes
• Number of arbitrators
• Qualification of arbitrators
• Procedure to appoint arbitrators
• Language of arbitration
• Seat/place of arbitration
• Applicable laws

Module 14 – Essential Elements for Effective Arbitration Agreements

• Governing law of the agreement
• Existence of a contract
• Consideration
• Mutuality
• Class action waiver
• opt-put provision
• Employees’ rights under the law
• Waiver of jury trial
• Governing body over disputes

Module 15 – Arbitration Agreements with Special Conditions

• Multi-tiered dispute resolution clauses
• Multi-tiered arbitration clauses
• Preconditions to arbitration
• Mediation
• Dispute resolution board
• Expert determination
• Joint meeting

see more: Closing Monthly and Year-End Accounts Course