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MODULE 4 – Statutory Adjudication
Drafting a valid, reasoned final Decision
Overall aim
To provide sufficient knowledge of and practice in all the requirements for the writing of a valid, reasoned and final adjudication Decision in a commercial dispute.
Key learning objectives
On successful completion of this module participants will be able to:
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a) |
Demonstrate a knowledge and understanding in depth of what is involved in preparing a valid Decision, including:
- distilling issues from submissions and ordering them;
- dealing with all the matters referred;
- 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 validity.
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b) |
Demonstrate practical skill and proficiency in writing a Decision that is legally satisfactory, clear, cogent, comprehensive and concise.
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c) |
Demonstrate skill in evaluating evidence, distilling issues from submissions and deciding issues by applying appropriate legal principles to facts.
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Syllabus
Purpose of a Decision |
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Deciding the dispute
Informing the parties of the decision
Providing reasons for the decision |
Legal and Substantive Requirements |
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Form of Decision
Date, signature; (witness) |
| Legal Framework for the Dispute |
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Adjudication Agreement
Law of the contract
Law of the adjudication
(other relevant laws) |
Procedural matters |
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Relevant adjudication code
Preliminary / procedural meetings
Pleadings / submissions
Difficulties with disclosure
Specific adjudication techniques
Documents-only adjudications |
Writing in plain English |
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Purpose
Grammar, spelling and punctuation |
The Reasoning Process |
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Reasons
Telling the story
Understanding evidence
Deciding |
Structure of a Decision |
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Headings and Titles
‘Recitals’
Operative section
Reasons section |
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Facts, issues, findings
Application of law |
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Dealing with costs issues
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Money-awards and costs |
Formalities |
Costs and Interest |
Notification of a
Decision
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Enforcement |
Assessment
Assessment consists of two elements:
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i) |
a written assignment – 20% of the total pass mark |
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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.
Delivery and completion of the module
This module is designed to be completed within three to four months. It is based on a combination of guided reading and two face-to-face tutorials.
Suitable Participants
This Module recommends itself to anyone having to deal with adjudication Decisions, including potential adjudicators, lawyers seeking to challenge or enforce Decisions and judges with applications before them as challenges on or for enforcement of Decisions.
Participants wishing to progress to Fellowship of the Institute, FCIArb must:
- be Members (MCIArb) of the Institute; and
- have passed Module 3 – Arbitration Practice, Procedure and Drafting
Essential Reading
Participants are provided with a CIArb written Workbook covering all areas of the Course.
To supplement their learning, participants may find it useful to refer to the following text book: |
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A Practical Guide to Award Writing – Ray Turner |
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