Principles of Arbitral Practice – Training Insights

“Education is the most powerful weapon which you can use to change the world.”

-Nelson Mandela

Herbert Smith Freehills, in collaboration with South African Black Women in Law (SABWiL), hosted a two-day training programme on Arbitral Practice Principles for law students, graduates, and aspirant legal practitioners. Participants included students from various institutions. The aspiring arbitrators were provided with pre-reading materials before the training.

Day 1:    14 October 2023

The training session began with Attorney Candice Grieve, a senior legal associate, welcoming participants and introducing her colleagues, experts in arbitration. The training was divided into five parts, with each expert having twenty minutes to address the learners.  Attorney Candice encouraged questions for clarification.

Part 1 covered the concept of arbitration, highlighting its private nature, use of independent arbitrators, and confidentiality. Arbitration results in an “arbitral award.” Some disputes cannot be arbitrated, like murder cases or divorce.

Differences between litigation and arbitration were discussed, emphasising the confidential nature of arbitration, party-chosen arbitrators, speed, and flexibility. However, arbitration can be more expensive upfront.

Regarding appeal, generally, arbitral awards cannot be appealed, but there are exceptions based on party agreements or institutional rules.

The distinction between International and Domestic Arbitration was explained, with the former having an international element and broader enforcement options.

Two pathways to arbitration were presented: via a pre-agreed clause in a contract or through mutual agreement after a dispute.

Part 2 discussed the regulatory framework, including the arbitration agreement’s form (standalone or within a contract). An arbitration agreement must be in writing and meet essential contract elements. Courts typically support the enforcement of arbitration agreements.

In summary, the training provided insight into the principles of arbitration, its differences from litigation, regulatory aspects, and enforcement of arbitration agreements.

Day 2:    21 October 2023

During the arbitration training hosted by Herbert Smith Freehills in collaboration with South African Black Women in Law (SABWiL), the participants were divided into two groups, each consisting of eleven members. This group activity aimed to provide participants with practical insights into the application of arbitration principles using a fictional case as a learning tool. The case involved the possibility of ABC bringing arbitration proceedings against MedDevice under their Supply Agreement. Participants were tasked with examining the arguments for and against the claim proceeding to arbitration.

To facilitate the discussion, participants were provided with learning materials related to a fictional case. These materials included details of the case, the Supply Agreement, and relevant legal precedents.

Both groups were instructed to analyse the case and evaluate the arguments for and against ABC pursuing arbitration to resolve their dispute with MedDevice. This exercise encouraged trainees to think critically about the benefits and drawbacks of arbitration in the given scenario.

All participants in each group were given the opportunity to actively participate in the discussion. This open dialogue allowed trainees to express their perspectives and engage in constructive discourse regarding the case.

It is worth noting that not all trainees were able to attend both days of the training. However, this did not hinder the success of the group work, as the format allowed for flexibility.

Throughout the group activity, legal and arbitration experts from Herbert Smith Freehills were present to provide guidance and answer any questions the trainees had. Their expertise was invaluable in helping participants navigate the complex legal issues involved in the case. Importantly, the trainers emphasised that there was no definitive right or wrong answer in this learning discussion. Instead, the objective was to encourage critical thinking and the exploration of various perspectives.

The group activity served as an effective learning tool for the learners. It afforded the learners an opportunity to apply the principles of arbitration to a practical case, encouraging in-depth analysis and critical thinking. The presence of legal and arbitration experts ensured that participants had access to guidance and insights from experienced professionals. This exercise exemplified the collaborative and knowledge-sharing nature of the training, emphasizing that the pursuit of understanding and learning is more important than finding a single correct solution in the world of arbitration.

Concluding Remarks

Herbert Smith Freehills in collaboration with South African Black Women in Law (SABWiL) deserves commendable remarks for their exceptional training on the Principles in Arbitral Practice provided to law students. The training showcased exemplary commitment to advancing legal education and empowering the next generation of legal practitioners.

Herbert Smith Freehills and SABWiL’s collaboration in providing training on the Principles in Arbitral Practice has made a significant impact on the legal education landscape. This commitment to diversity, practical learning, and fostering a collaborative learning environment has undoubtedly benefited law students, empowering learners with valuable skills and knowledge for impactful legal careers. This training programme exemplifies dedication to legal excellence and inclusive education by learners and educators alike.

Malibongwe.