Courses

East Asia Branch: Accelerated Route to Fellowship - International Arbitration

Venue:
Hong Kong International Arbitration Centre

Date & Time:
18 August 2020

Bookable until:
2 August 2020

Number of spaces:
40

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Price

$15,000.00 HKD

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To provide a fast-track route to Fellowship through the International (i.e. non-domestic) Arbitration Pathway. The Accelerated Route to Fellowship has been designed for busy professionals who have substantial unassessed knowledge and experience of International Arbitration. The aim of the programme is to assess whether the candidate has the knowledge required to apply the principles and procedure of International Arbitration using arbitration legislation based on the UNCITRAL Model Law and Arbitration Rules and is capable of writing an reasoned and enforceable International Arbitration Award.

What is covered within the syllabus?

  • Arbitration agreements;
  • The legal framework: the importance of the seat, the New York Convention, procedural laws, and procedural rules; conflict of laws, the Rome Convention;
  • The use and adoption by State entities of the UNCITRAL Model Law;
  • The UNIDROIT Principles of International Commercial Contracts;
  • Types of Arbitration: ad-hoc, institutional, documents only, time limited;
  • Commencement of the Arbitration, terms of reference;
  • Obligations of the Tribunal, responsibilities and obligations of the parties;
  • The Arbitrator’s terms and conditions of appointment;
  • An Arbitrator’s jurisdiction and powers;
  • Challenges to jurisdiction, conflicts of interest;
  • Managing the Arbitration process: communications, preliminary meeting, interlocutory matters, dealing with factual and opinion evidence and disclosure of documents;
  • Security for costs;
  • Presenting the claim and the defence: alternative methods;
  • Preparation for and procedure at a typical hearing, contrasting common law and civil law jurisdictions;
  • Essentials of an enforceable Award;
  • Costs, offers and interest; alternative approaches in different jurisdictions.

What are the entry requirements?

In order to register for the Accelerated Route to Fellowship, candidates must submit evidence to show:

  • They have a minimum of 5 years of practical experience of international arbitration either as a representative or an international arbitrator;
  • They have substantial knowledge of the framework of international arbitration;
  • They can recognise and evaluate evidence;
  • They can significantly evaluate and apply the principles and requirements of an international arbitration;
  • They can noticeably demonstrate practical skill in the carrying out of tasks required in preparing for and progressing an international arbitration.

English Language Competence - CIArb training and assessment is carried out in English it is therefore essential that candidates are proficient in both written and spoken English.  Where English is not a candidate’s first language it is recommended that they have achieved a standard that is, as a minimum, equivalent to the International English Language Testing System (IELTS) level 7 or a score of 94-101 in the Test of English as a Foreign Language (TOEFL) system. CIArb issues this advice as a guideline and, while it will not require any evidence of this standard prior to enrolment on a course, candidates who do not have this standard of English may be disadvantaged.

What are the learning outcomes?

On successful completion of this course candidates will be able to:

  • Identify and explain in depth all the key elements of the International Arbitration process;
  • Evaluate issues and apply the principles of the UNCITRAL Model Law appropriately;
  • Demonstrate practical skill in carrying out the tasks required in preparing for and progressing an International Arbitration;
  • Demonstrate skill in controlling an International Arbitration, communicating effectively with the parties, applying the UNCITRAL Arbitration Rules and adopting appropriate procedures.

How is the programme delivered?

This is an assessment programme as opposed to a teaching module. Learning will be based on private study prior to the oral assessment workshop, reinforced by tutor input and peer discussion during the workshop.

The programme is delivered over a period of three days, with assessment workshops on days one and two. On day three candidates sit a four hour examination.  The programme dates advertised are the dates when candidates will be required to attend the assessment workshops.

 

How will I be assessed?

Assessment of this programme is split into three parts, all of which must be passed:

  • Assessment 1 - An interactive 2 day assessment in a series of workshops, where situations will be presented to candidates in groups for their consideration.  Candidate’s knowledge, judgment and interactive/self-presentation skills are assessed by oral exercises.
  • Assessment 2 - Written exercises before and during the 2-day workshops:
    • one written exercise on arbitration law to be submitted before the assessment workshops (10%);
    • one written exercise on arbitration law to be submitted during the workshops (20%);
    • two written exercises to be submitted during the workshops (10% each);
    • one written exercise to be completed overnight (30%); and
    • a final written exercise (20%).
  • Assessment 3 - Final examination for this course is a 4 hour open book examination. (70%)

Details of the assessment are as follows:

  • Assessment 1 (Oral Exercises).  This assessment is on a pass or fail basis.  Candidates must pass all the workshop sessions.  Candidates who fail the workshop will be required to re-sit this assessment.
  • Assessment 2 (Written Exercises).  Candidates must achieve a minimum overall mark of 55% to pass this assessment.
  • Assessment 3. Final examination for this course is a 4 hour open book examination.  Additional information is provided on the day of the assessment in form of the Arbitrator’s notebook. Candidates must achieve a minimum overall mark of 70% to pass the course.

Candidates are permitted to use any materials they wish throughout the workshops. 

Results are dispatched to candidates normally eight to twelve weeks from the date of the submission of the examination.

No additional courses are unlocked by this course

No additional Membership Grades are unlocked by this course