THE CHARTERED INSTITUTE OF ARBITRATORS

1.

Arbitration Law & Practice Assessment

2.

Award Writing (Module 4) Training Course & Assessment
&

3.

An option is also available for a Preliminary Training Course

Key objectives

Successful participants will have demonstrated an ability to:

i.

Describe and explain the principles and diverse legal requirements in an international commercial arbitration, including: the range and limitations of matters that may legally be arbitrated; the significance, rights and responsibilities of the different performers; the nature of international arbitral appointments; the range and limitations of an international arbitrator’s powers and jurisdiction; the importance and means of choosing appropriate applicable laws; the methods of initiating and processing international arbitrations; the relevance of the Court regarding all stages in an international arbitration; and the requirements of an enforceable international arbitration award.

Appreciate, apply and balance the principles and legal requirements set out in the syllabus below in the context of an international arbitration.

Show a confident ability to refer to, use and express recognised procedural principles, rules and arguments relevant to the conduct of international arbitrations.

ii.

Describe and explain in depth all the key elements of procedure involved in the international arbitral process, including: drafting an arbitration agreement; detailing procedure; making submissions and interlocutory applications; making interlocutory decisions; presenting and receiving evidence; and everything usually required of all the performers in the process except writing a Final Award.

Demonstrate practical skill in carrying out the tasks involved in preparing and progressing an international arbitration, including the above tasks.

Demonstrate skill in controlling an international arbitration, communicating effectively with parties, providing justice clearly and fairly, and applying appropriate rules and procedures in a reasoned manner.

Syllabus

This unit will discuss and assess participants’ knowledge and practice of international commercial arbitration, including:

Law of Arbitration

Fundamental principles of the arbitration process

Private International Law and applicable laws

Recognition and enforcement Conventions and Treaties

The relevant arbitration c ode(s): the local law plus (unless already in the local law): the UNCITRAL Model Arbitration Law, a leading Common Law code, a leading Civil Law code and the Chinese code) – concepts, mandatory, optional and default provisions

The arbitration agreement

Initiation of an international arbitration

Nominations & appointments

An international arbitral tribunal’s jurisdiction & powers

Deciding and Setting the Procedure

Interlocutory procedures, pleadings & applications

Oral hearings & procedures

Costs & interest claims

Award types and requirements

Rôle of Courts

Specialist regimes – ICSID, WTO, WIPO, &c, the relevance of Public International Law and Bilateral Investment Treaties

Arbitration Practice & Procedure

Writing an arbitration Agreement

Schedules of Fees & Expenses

Drafting in arbitrations generally

Interlocutory matters, including applications

Detailing the procedure

Submissions, Pleadings and Disclosure

Oral and physical evidence

Measures for Protection

Reasonable costs

Offers to settle

Main stages in an international arbitration

Defining and dealing with issues in dispute

Dealing with arguments and claims

Assessment

Assessment consists of two intermingled elements:

1

An interactive 2-day practice-cum-assessment series of workshops, where situations will be presented to participants in groups for their consideration as to what to do in such circumstances.  Participants are assessed in terms of their knowledge, judgment and interactive/self-presentation skills (and ability to draft specific documents related to the situations – see below, element 2). 

Assessment of this element is on a pass or fail basis. 

2.

Written exercises before and during the 2-day workshops:

• one (arbitration law) to be submitted before the Workshops (10%);
• one (arbitration law) during the Workshops (20%);
  and, on the second part of the above defined syllabus –
• two during the Workshops (10% each);
• an overnight exercise (30%); and
• a final exercise (20%).

The pass mark for these written exercises is 55% overall and for each of the arbitration law and arbitration practice, procedure & drafting sections.

Typical timetable

This unit is typically given over a period of 2 days.

The first morning assesses knowledge of arbitration law in workshops. This is followed by 1½ days (an afternoon and following day) of workshops assessing ability to deal with practical and procedural situations, and drafting.

Reference reading

The relevant arbitration code(s), Act(s) and other legislative provisions, major case decisions (where applicable) &c.

Workbook: The Law of Arbitration (or equivalent)

Workbook: Arbitration Practice, Procedure and Drafting.

FOR EXAMPLE:

England & Wales:

The Arbitration Act 1996 – Harris, Planterose, Tecks

Spain:

El Arbitraje de Derecho Privado – Cordón Moreno

(UNCITRAL):

International Commercial Arbitration and Conciliation in UNCITRAL Model law Jurisdictions (2005) - Binder

Participants may also find it useful to refer to the following to supplement their preparation:

Bernstein’s Handbook of Arbitration and Dispute Resolution Practice by John Tackaberry and Arthur Marriott [4th edition 2003].

Arbitration Practice & Procedure by D Mark Cato [3rd edition 2002].

Key learning objectives

On successful completion of this module participants will be able to:

a)

Demonstrate a knowledge and understanding in depth of what is involved in writing an enforceable Award, including: distilling issues from submissions and ordering them; dealing with all the matters of claim; deciding all matters in dispute fairly; allocating costs appropriately; demonstrating an intelligent and intelligible use of language, grammatically correct and correctly spelt; and completing all the legal and other requirements for enforceability.

b)

Demonstrate practical skill in writing a formal document that is legally satisfactory, clear, cogent, comprehensive and concise

c)

Demonstrate skill in evaluating evidence, distilling issues from submissions and deciding issues by applying legal principles to facts.

Syllabus

Purpose of an Award

Difference between Orders & Awards and between Awards & Judgments

Legal and Substantive Requirements

Legal Framework for the Dispute

Procedural matters

Writing in plain English

The Reasoning Process

Structure of an Award

Writing an International Award

Money-awards and costs

Formalities

Costs and Interest

Notification of an Award

Enforcement

Assessment

Assessment consists of two elements:

i)

a written assignment – 20% of the total pass mark

ii)

a Final Award submitted on a dispute presented in a scenario in 2 parts, the first provided by email approximately two weeks before the examination date, the second provided at the beginning of a fixed 24-hour period during which the participant produces and submits his Award by e-mail on or before the end of that 24-hour period.

The pass mark is 70% which must be achieved in both the second element and overall plus all the necessary requirements for enforcement in the second element.

This unit is available immediately before unit 1 Arbitration Law & Practice Assessment as a preparatory 2-day Course for those participants wishing to further their knowledge of the syllabus and the requirements of unit 1.

Participants are typically tutored in group and plenary Workshops. The first day of this unit discusses arbitration law and the second day discusses arbitration practice and procedure, both using interactive question-and-answer sessions and trial example questions.

The topics are listed in the syllabus for unit 1 (above).