Read the full course information sheet here.

This course is delivered in-person, from 9am-5pm in seminars, lectures and workshops. It takes place in Worcester College, Oxford, UK.

The Diploma will prepare candidates to write an arbitral award that is compliant with the legal and procedural requirements for an enforceable award.

Upon successful completion of the Diploma, candidates will be able to:

List

• the elements required for an award to be enforceable;
• the advantages and possible disadvantages of international arbitration compared to other means of alternative dispute resolution.

Describe

• what is meant by ‘international arbitration’;
• the range and limitations of an arbitrator’s powers and jurisdiction;
• the rights, duties, and responsibilities of a party to an arbitration;
• the core notions of the law applicable to the arbitration agreement, law applicable to the arbitration procedure, and the law governing the merits of the dispute;
• the types of evidence used in international arbitration;
• the role of written and oral submissions in arbitration.

Identify

• issues that arise from the parties’ submissions;
• the parties’ costs and interest;
• the relevance of signature, date and place of arbitration.

Explain

• legal procedural principles, rules and agreements relevant to international arbitration;
• the nature of the appointment of an arbitrator, the duties, powers and jurisdiction of an arbitral tribunal;
• when evidence is admissible in an arbitration;
• the legal limitations on what disputes are arbitrable;
• the methods of initiating and conducting an international arbitration;
• the relevance of the national courts and institutions in all stages in an arbitration.

Apply

• the appropriate legal procedural principles, rules and agreements which may arise in an international arbitration, including with respect to evidence, costs, and interest;
• institutional award checklist to the drafting of an arbitral award.

Develop the skills

• to draft of the discursive and operative parts of the arbitral award;
• to draft of the dispositive part of the arbitral award;
• to use clear, precise language in the drafting of procedural orders, decisions and awards;
• to structure arbitral awards to convey factual and legal analysis;
• to manage matters in the dispute logically and in accordance with the law;
• to manage and deal with all issues that arise throughout an arbitral process.

ADR processes and arbitration

• Arbitration distinguished from other forms of dispute resolution
• Nature and limits of arbitration

Law and the legal framework surrounding arbitration

• Types of arbitration: including ad-hoc, institutional and expedited
• Characteristics of institutional arbitration as presented by leading arbitration institutions
• Privacy, confidentiality and transparency in arbitration
• The New York Convention, UNCITRAL Model Law, UNCITRAL Arbitration Rules, examples of National Arbitration Legislation
• Lex arbitri, seat of arbitration, choice of law; distinction from the venue of the
• hearing(s); lex causa
• The role of state courts in the arbitral process and post-award

The arbitration procedure

• Arbitration agreement: validity, interpretation, enforceability
• Law applicable to the arbitration agreement, to the proceedings and to the merits of the dispute
• Commencement of arbitration, request for arbitration and answer, terms of Reference
• The arbitrator’s terms and conditions of appointment, conflicts and challenges
• Duties and powers of the arbitral tribunal
• Role of arbitral tribunal secretaries
• Jurisdiction and admissibility in international arbitration
• Challenges to arbitral award
• Recognition and enforcement of arbitral award

The hearing

• Managing the arbitration process: communications, preliminary meetings, interlocutory matters
• Evidence in international arbitration; submission, admissibility and assessment of
  evidence
• Evidentiary hearing

Awards

• Form, content and structure of an arbitral award
• Remedies, costs, and interest, relevance of third-party funding in arbitration
• Dissenting and concurring opinions
• The Burden and Standard of Proof
• Types of evidence: documentary vs. non-documentary, witnesses, experts, site inspection, etc.
• Privilege and confidentiality in evidentiary matters
• Disclosure and document production
• Legal requirements for arbitral awards
• Identifying the issues for determination
• Deliberations and decision-making
• Reasoning of the arbitral award
• Drafting the dispositive of the award
• Time limits
• Dissenting and Concurring opinions
• Conflict of interest
• Compliance with institutional award checklists
• Publication of awards

For the course fee, candidates will receive:

• Accommodation at Worcester College in Oxford, UK
  Some meals will be provided
• Access to Ciarb’s virtual learning platform, LearnADR
• Study materials
• Access to a dissertation supervisor
• All assignments, assessments and exemption tests

Upon successful registration on the course, candidates will receive confirmation they are booked on the course.

Candidates are encouraged to purchase the following book prior to the start of the Diploma - Redfern and Hunter on International Arbitration by Nigel Blackaby KC, Constantine Partasides KC, and Alan Redfern, Oxford University Press, (7th or the latest edition).

Candidates will be provided with access to Ciarb’s virtual learning platform, LearnADR, learning materials, and a suggested reading list. We recommend candidates familiarise themselves with the UNCITRAL Model Law and Arbitration Rules and the substantive law in their respective jurisdiction together with the relevant Act(s) and Scheme(s) and important case decisions (where applicable).

Candidates should also refer to the recognised standard textbooks to supplement their study in their respective jurisdiction where these are available.

LearnADR is Ciarb's online learning platform.

Once you have purchased the course, you can access it by going to your dashboard and click on 'My Courses'. There you will find a red button that says, 'LearnADR'.

Ciarb reserves the right to cancel or change the date, venue or content of Diplomas and the names of speakers, lecturers and tutors. Candidates will be provided with adequate notice of any change. If Ciarb cancels a course, candidates will be provided with a full refund or the opportunity to transfer their registration to the next course. If a candidate wants to cancel/defer registration, they must email education@ciarb.org. Deferral charges apply.

Please note that the first 50% of the course fee is non-refundable.

On successful completion of the Diploma course and all the corresponding assessments, candidates will:

• Be awarded a Diploma in International Commercial Arbitration.
• Be able to progress to the Peer Interview of the International Arbitration pathway.
• Be eligible to apply for Fellowship and take advantage of a range of educational and professional benefits once they have been successful in the Peer Interview.

Please note that candidates are only eligible to apply for Fellowship for a maximum of two years after having successfully completed the Diploma and assessments.