THE CHARTERED INSTITUTE OF ARBITRATORS

Key learning objectives

Successful participants will have demonstrated an ability to:

Describe and explain the principles and specific legal requirements in a commercial arbitration, including: the range and limitations of matters that may legally be arbitrated; the significance, rights and responsibilities of the different performers in an arbitration; the peculiar contractual nature of an arbitral appointment; the range and limitations of an arbitrator’s powers and jurisdiction; the methods of initiating and processing an arbitration; the relevance of the Court regarding all stages in an arbitration; and the requirements of an enforceable award.

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

Show a confident ability to refer to, use and express legal procedural principles, rules and arguments relevant to the conduct of an arbitration.   

Syllabus

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

Fundamental principles of the arbitration process

The relevant arbitration code(s)

The arbitration agreement

Initiation of an arbitration

Nomination & appointment of an arbitrator

An arbitrator’s jurisdiction & powers

Deciding and Setting the Procedure

Interlocutory procedures, pleadings & applications

Oral hearings & procedures

Costs & interest claims

Award types and requirements

Rôle of the Court

Assessment

Assessment consists of three elements

An interactive 1–day assessment series of workshops, where situations will be presented to participants in groups for their consideration as to what legal principles apply in such circumstances.  Participants are assessed in terms of their knowledge and ability to write answers to specific trial questions. 

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

A written Coursework assignment to be submitted before the Course (20%).

A 3-hour written open-book examination (80%) with questions on the above defined syllabus.

The pass mark is 55% which must be achieved in both the 3-hour examination and in these two elements overall.

Typical timetable

This unit is typically given over a period of 1½ days.

The first day consists of workshops assessing knowledge of arbitration law, including writing answers to specific questions. This element of the Course includes a Coursework exercise.

The final morning is for the 3-hour examination on arbitration law.

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).

Participants are recommended to refer to the recognised standard basic commentaries and/or text book(s) in their respective jurisdiction where these are available.

FOR EXAMPLE:

England & Wales:

The Arbitration Act 1996 – Harris, Planterose, Tecks

France :

L’arbitrage – Gavalda, de Leyssac

Ireland :

Arbitration, Commentary and Sources – Stewart

Italy :

Codice dell’arbitrato – Deodato, Migliorisi

Malaysia :

The Arbitration Act 2005 – Rajoo, Davidson

Scotland :

The Law of Arbitration in Scotland - Hunter

Spain:

El Arbitraje de Derecho Privado – Cordón Moreno

(UNCITRAL):

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

This unit is available immediately before the Assessment unit as a preparatory 2-day Course for those participants lacking formal education in arbitration law and wishing to further their knowledge of the Programme’s syllabus and the requirements of the core Arb itration Law Assessment unit.

Participants are typically tutored in group and plenary Workshops, using interactive question-and-answer sessions and trial example questions.

The topics are listed above in the syllabus for the assessment unit.