This course provides an in-depth exploration of the legal, structural, and procedural distinctions in the arbitration of public sector disputes (e.g., government entities, state-owned enterprises, administrative contracts) versus private sector disputes (e.g., commercial contracts, private investment claims). Focusing on practical, hands-on training, the course equips legal professionals, arbitrators, and in-house counsel with the tools to navigate contractual negotiation, institutional rules, sovereign immunity issues, enforceability concerns, and public interest dimensions that shape arbitration outcomes across these domains.
Course Objectives:
By the end of this course, participants will be able to:
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Distinguish the substantive and procedural frameworks applicable to public and private sector arbitration.
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Analyze jurisdictional doctrines including sovereign immunity, arbitrability, and the act of state doctrine.
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Construct arbitration agreements tailored to public or private disputes.
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Evaluate transparency, enforcement, and risk management mechanisms for both sectors.
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Advise on legal strategy in mixed disputes involving public-private partnerships (PPPs) and international contracts.
