Diploma in International Maritime Arbitration

What are the learning outcomes?

On successful completion of the Diploma candidates will be able to:

• Define what is meant by the term ‘international maritime arbitration’;
• Identify, explain and apply the legal procedural principles, rules and agreements relevant to
  the conduct of international maritime arbitration:
• The legal framework, including limitations of matters that may be legally arbitrated;
• The contractual nature of the appointment of an arbitrator;
• The range and limitations of an arbitrator’s powers and jurisdiction;
• The rights, duties and responsibilities of a party to an arbitration;
• The methods of initiating and processing an arbitration;
• The relevance of the court regarding all stages in an arbitration;

The requirements of an enforceable award.

• Evaluate and apply the principles and legal requirements of international maritime
  arbitration;
• Evaluate issues and apply the principles of the UNCITRAL Model Law as well as a regional arbitration law, appropriately;
• Demonstrate practical skill in carrying out the tasks required in preparing for and
  progressing an international maritime arbitration;
• Demonstrate skill in controlling an international maritime arbitration, communicating
  effectively with the parties, applying the UNCITRAL Arbitration Rules and other Institutional Arbitration Rules and adopting appropriate procedures.

How will I be assessed for Part 1?

Candidates will be sent instructions and asked to produce a general dissertation proposal on a
maritime arbitration related topic.

This should set out the proposed dissertation title, together with a 300-word proposal, research questions, methodology and potential literature list.

This proposal should be submitted to the Education and Training Department by 4 November 2019 and will then be sent to subject- specific supervisors. They will read this for the first session of the Diploma on 18 November 2019, which they will endeavour to attend in person or by other means; but in all cases, they will provide written feedback on the proposal to the students by 18 November 2019. Candidates will then receive intensive instruction on the law, practice and procedure of international commercial arbitration during the nine-day residential and can work on their dissertation. The final dissertation will be a 4000-word piece submitted by 16 January 2020. They will need to obtain +55% in order to pass and be eligible to take the evidence and award writing exam.

Candidates will also have to complete and pass two 750-word assignments during the nine-day residential. They will have time to work on this:

Written assignment 1 on the appointment and powers of arbitrators will be handed out on 21 November 2019 and will be due in on 23 November 2019.

Written assignment 2 on enforcement under the “New York Convention” will be handed out on 24 November 2019 and will be due in on 26 November 2019.

Candidates must obtain a pass at +55%, when all marks are added, to be eligible to take the
evidence and award writing exam. The dissertation makes up 80% of the overall mark and each assignment 10%. Candidates who fail any assessment will be required to retake them as per the Candidates Regulations.

Results are dispatched to candidates normally eight to twelve weeks from the date of the submission of the dissertation and assignments.

PART 2: Law of Obligations

The Diploma in International Maritime Arbitration aims at preparing candidates for FCIArb which is a mark of proficiency in dealing with evidence, decision making and award writing in international maritime arbitration. As the law of obligations provides an essential framework for this, candidates are required to show expertise in it. On the diploma, this is done via an online exemption test on the common law and civil law of contract and tort.

How will I be assessed for Part 2?

Students will be sent a link to the online multiple-choice test on the civil and common law of tort and contract on 4 November 2019. 30 questions will need to be answered within 90 minutes, with a pass mark of +70%, and this will need to be sat and passed before the Evidence and Award Writing exam in early 2020.

PART 3: Evidence, Decision Making and Award Writing of International Arbitration

Following on from what was said above about FCIArb, this part provides candidates with the
knowledge required to understand and consider evidence, to weigh it up and analyse submissions, arrive at a conclusion and write a final, reasoned and enforceable arbitration award in compliance with the English Arbitration Act 1996 and the LMAA Terms 2017. During the nine-day residential, candidates focus on the processes followed by an arbitrator in defining the issues that have to be decided by an award, dealing with the submissions made by the parties, analysing the appropriate law, evaluating the evidence, applying the law to that evidence, arriving at a conclusion and then writing a final, reasoned and enforceable award.

What are the learning outcomes of part 3?

On successful completion of this course candidates, will be able to demonstrate sound conceptual, technical and/or practical knowledge of:

• Recognising and evaluating evidence;

• The issues that arise from the parties’ submissions;

• Being able to create structure and deal with all the issues that arise;

• Deciding matters in dispute logically and in accordance with the law;

• The skills required to write awards correctly;

• The discursive and operative parts of the award;

• Being able to deal with the parties’ costs and interest of an award;

• Allocating arbitrators’ fees and expenses;

• Demonstrating compliance with the legal and other requirements for an enforceable Award.

The course is scheduled over 9 days.

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

Joining instructions and course materials will be made available on LearnADR.