To provide candidates with a detailed knowledge of the procedural elements of an international (ie. non- domestic) arbitration, using legislation based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law, regional arbitration law, and the UNCITRAL Arbitration Rules to enable them to understand and participate in such proceedings. The course focuses on legal principles, process, practice and procedure in international arbitration. It is therefore valuable for anyone wishing to understand this topic generally, for example as a party, party representative or witness. It is also an essential requirement for qualification as a Fellow of CIArb, and for those who aim to practise as an international arbitrator.
What is covered within the syllabus?
• Dispute Resolution Processes – An Overview
• A History of Arbitration
• The Arbitration Act 1996
• Choices Available to Parties
• The Arbitration Agreement and Commencement
• Appointing an Arbitral Tribunal
• The Arbitral Tribunal: Independence and Impartiality
• The Arbitral Tribunal: Jurisdiction and Powers
• The Arbitral Tribunal: Duties and Procedural Choices
• Procedures: Pleadings, Documents and Evidence
• Procedures: Applications to the Tribunal
• Procedures: The Hearing
• Remedies, Costs, Interest and Currency Awards
• The Role of the Court
• The Role of the State Court
What are the entry requirements?
There are no pre-requisite entry requirements for this course.
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:
• Define what is meant by the term ‘international’ arbitration.
• Identify, explain and apply the legal procedural principles, rules and agreements relevant to the conduct of an international 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 an international arbitration.
• Evaluate issues and apply the principles of the UNCITRAL Model Law as well as a regional arbitration law, appropriately.
• Demonstrate practical skills in carrying out the tasks required in preparing for and progressing an international arbitration.
• Demonstrate skills in controlling an international arbitration, communicating effectively with the parties, applying the UNCITRAL Arbitration Rules and adopting appropriate procedures.
How is the course delivered?
The course is delivered over a period of three months, with a combination of private study and virtual tutorials.
The course date advertised is the start date of the course when candidates will be required to start their private study of reading NOT when they attend tutorials. The virtual tutorial dates are listed on the Course Schedule.
How will I be assessed?
Owing to the Covid-19 pandemic, all 2020 assessments have been converted into at home coursework papers. Candidates will have 48 hours within a 5 day window to submit their answers online.
Results are dispatched to candidates twelve weeks from the date of the examination.
The course is delivered over a period of three months, with a combination of private study and virtual tutorials.
The course start date advertised is the start date of the course when candidates will be required to start their private study of reading NOT when they attend tutorials. Upon successful registration on the course, candidates will receive confirmation they are booked on the course.
Joining instructions and course materials will be made available approximately 2 weeks before the course start date.
· Private study includes reading course materials and undertaking elements of any self-assessment tasks in your own time.
· Virtual tutorials involve candidates logging in online and attending a virtual classroom
No additional courses are unlocked by this course
No additional Membership Grades are unlocked by this course