Mastering Banking Operations Training Course

The key objective of this Banking Arbitration, Disputes Resolution and Contracts course is to empower professionals to—
• 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 organisation, without any impact on organisational 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 organisation for alignment with relevant arbitrary laws, thus ensuring organisational stability and credibility
• undertake critical roles of overseeing all aspects that could be causes or sources of dispute between the organisation 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 organisation, while ensuring that the organisation stays competent and safeguarded

Course Content
Types of Arbitration
• Institutional
• Ad hoc
• Statutory
• Domestic and international
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
Advantages of Arbitration
• Decision-maker with expertise
• Speed
• Lower cost
• Flexible
• Confidential
• Less formal than court
• Business relationship preservation
Disadvantages of Arbitration
• Limited recourse
• Uneven playing field
• Lack of transparency
• Limited rights of appeal
• Lack of formal discovery
Reasons for Increased Arbitration in Finance
• Legal and financial market expertise of qualified arbitrators
• Confidentiality of the arbitral process
• Worldwide enforceability of arbitral awards
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
Aspects Considered by Lenders during Dispute Resolution
• Stability and predictability
• Neutrality
• Professionalism
• Confidentiality, speed, cost
• Flexible enforceability
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
Dispute Resolution Processes
• Adjudicative processes
o Litigation
o Arbitration
• Consensual processes
o Collaborative law
o Mediation
o Conciliation
o Negotiation
Obstacles While Addressing Card Disputes
• Complex operating models
• Over-processing of banks
• Long, complex research process
• Ineffective quality assurance
• Inadequate performance management
• Over-reliance on case management systems
• Increasing regulatory focus
Five Imperatives to Address Dispute Resolution Obstacles
• Digitise dispute resolution processes
• Redesign processes with lean principles
• Apply advanced analytics
• Employ intelligent process automation
• Strengthen management systems
Uses of Intelligent Process Automation
• Fraud prevention
• Intake review
• Dispute management
• Dispute processing
• Post-dispute processing
• Post-dispute quality analysis on fraud
• Dispute support
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
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
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

METHODOLOGY
The training methodology integrates lectures, interactive discussions, collaborative group exercises, and illustrative examples. Participants will acquire a blend of theoretical insights and hands-on practical experience, emphasizing the application of learned techniques. This approach ensures that attendees return to their professional environments equipped with both the competence and self-assurance to effectively implement the acquired skills in their responsibilities.

DATE:
1ST BATCH 11th – 14th Mar,2025
2ND BATCH: 22nd – 25th July,2025
3RD BATCH: 18th – 21th Nov,2025