East Asia Branch: Accelerated Route to Membership - International Arbitration

What are the entry requirements?

In order to register onto the Accelerated Route to Membership, candidates must submit evidence to show:

• They have knowledge of the framework of international arbitration;
• They can evaluate and apply the principles and requirements of an international arbitration;
• They can demonstrate awareness of the practical 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 programme candidates will be able to:

• Explain the principles and specific legal requirements in an International Arbitration:
• The legal framework including limitations of matters that may legally be arbitrated;
• The contractual nature of the appointment of an Arbitrator;
• The rights, duties and responsibilities of a party to an Arbitration;
• 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;
• The requirements of an enforceable Award;
• Evaluate and apply the principles and legal requirements of an International Arbitration;
• Identify, explain and apply the legal procedural principles, rules and arguments relevant to the conduct of an International Arbitration

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 two days, with assessment workshops on day one and an examination on day two.  The programme dates advertised are the dates when candidates will be required to attend the assessment workshops and examination.

How will I be assessed?

Assessment of this programme is split into three parts:

• Assessment 1 - An interactive 1 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 - A written assignment to be submitted before the programme (20%).
• Assessment 3 - A 3-hour closed book examination, split into two parts.

(Part One) Is a case study exercise with a number of questions that candidates will be required to answer.  Available marks 40%.

(Part Two) Will consist of five questions, candidates are required to select and answer three. Available marks  60% (20% per question).

Details of the assessments are as follows:

• Assessment 1 (Workshop).  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 (Assignment).  This assessment is not on a pass or fail basis.  The mark achieved will contribute up to 20% of the final mark.
• Assessment 3 (Examination).  This assessment is on a pass or fail basis. Candidates must achieve a minimum of 55%.  Candidates who fail the examination will be required to re-sit the examination.
• The overall assessment is based upon the combined marks of Assessment 2 and Assessment 3.  Candidates must achieve a minimum overall mark of 55% to pass the programme.

The examination is closed book; no materials are permitted in the examination room except for an unmarked copy of the UNCITRAL Model Law (incorporating the 2006 amendments) and Arbitration Rules (2010 revision).  Highlighting and underlining is permitted.  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.