This module provides candidates with the knowledge of the main procedural elements of Construction Adjudication to enable them to understand and participate in such proceedings. This course focuses on the process, key documents and procedures in Construction Adjudication, with the exception of writing a reasoned decision. It is therefore valuable for anyone wishing to understand the practice and procedure of Construction Adjudication generally, whether as a party, party representative or witness. It is also an essential requirement for qualification as a Fellow and for those who aim to practice as a Construction Adjudicator.
What is covered within the syllabus?
• The Adjudication process in detail.
• Issues in Adjudication.
• Core and relevant principles of the law of Evidence.
• Rules of evidence in Adjudication.
• Rules of evidence in common and civil law jurisdictions.
• Legal and substantive requirements.
• Reasoning and decision making.
• Structure and form of the decision.
• Publishing the Decision.
What are the entry requirements?
In order to register for the course, candidates must:
• Have successfully completed and passed the CIArb Module 1 Law, Practice and Procedure
• Have successfully completed and passed the CIArb Module 2 Law of Obligations
• Been granted an exemption from the CIArb Module 2 Law of Obligations
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 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 Decisions correctly.
• The discursive and operative parts of the Adjudication Decision;
• Being able to deal with the parties’ costs and interest of a Decision
How is the course delivered?
The course is delivered over a period of three months, with a combination of private study and attendance of the three face-to-face tutorials.
How will I be assessed?
Assessment of this course is 4-hour Award Writing exercise. Additional information is provided on the day of the assessment in the form of the Arbitrator’s notebook. Candidates must achieve a minimum overall mark of 70% to pass the course.
The course is delivered over a of period three months, with a combination of private study and face-to-face 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 on LearnADR approximately 2 weeks before the course start date.
The schedule for this course is provided below to assist candidates in planning their study time.
· Private study includes reading course materials and undertaking elements of any self-assessment tasks in your own time.
· Face-to-face tutorials involve candidates coming to London to attend classes on:
Tutorial 1 - 02/10/19
Tutorial 2 - 06/11/19
Tutorial 3 - 04/12/19