Courses

Virtual Diploma in International Maritime Arbitration

Venue:
Virtual

Date & Time:
17 November 2021

Bookable until:
2 November 2021

Number of spaces:
25

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Price

£4,550.00 GBP

*Split payments available when booking

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The scale, diverse range and complexity of maritime arbitrations coupled with an increase in arbitral systems means that it is essential to have the right knowledge and skills to navigate this field. This Virtual Diploma provides the in-depth training you need.

The number of international maritime arbitrations has grown over the past few years and, as the world emerges from the pandemic, they are expected to continue to increase[1]. Ensure you have the knowledge and skills you need with the Chartered Institute of Arbitrators’ (CIArb) Virtual Diploma in International Maritime Arbitration. CIArb is an international centre of excellence for the practice of alternative dispute resolution (ADR).

The Chartered Institute of Arbitrators’ (CIArb) Virtual Diploma in International Maritime Arbitration provides the in-depth training you need. CIArb is an international centre of excellence for the practice of alternative dispute resolution (ADR).

This Diploma is open to:

  • Professionals wishing to increase their knowledge and relevant skills in the field of international maritime arbitration, and/or
  • Members or Fellows of the Chartered Institute of Arbitrators who have experience of domestic or international arbitration practice and wish to extend their knowledge to include international maritime arbitration procedures.

With specific international maritime arbitration themes and covering legislation in England and Wales and the APAC Region, the Diploma is split into three parts:

  • PART 1 Law, Practice and Procedure of International Maritime Arbitration

Part 1 looks at the legal and practical framework of international maritime arbitration. This includes relevant international instruments, types of arbitration, the powers of an arbitrator and the fundamentals of an enforceable award. It also gives candidates the opportunity to look deeper at discrete themes in international maritime arbitration.

  • PART 2 Law of Obligations

The Diploma in International Maritime Arbitration prepares 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.

Existing Fellows of the CIArb are exempt from having to complete Part 2.

  • PART 3 – Evidence, Decision Making and Award Writing of International Maritime Arbitration

The virtual training programme includes 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
  • writing a final, reasoned and enforceable award.

Successful completion of this Diploma leads to DipCIArb status and, if applicable, eligibility to apply for Member or Fellow grade of CIArb membership. See the ‘Next steps’ tab for more information.

 

To book your place, please click the ‘Log in to book now’ button at the top of this page.

For enquiries about the Diploma, please email education@ciarb.org

 

[1] HFW, The Maritime Arbitration Universe in Numbers, July 2020

Format: Virtual. 

Duration: Virtual learning sessions take place every Wednesday for two and a half hours each.

Time zones: GMT.

Delivery: The tutors will deliver the Diploma in CIArb’s dedicated virtual classroom. You will participate in lectures, exercises and interactive workshops.

Post-course: Upon successful completion, you will be entitled to display the postnominal DipCIArb. You can also build on your achievement by becoming a Member or Fellow of CIArb - see the ‘Next steps’ tab for more information. 

Please note: 

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.

PART 1 Law, Practice and Procedure of International Maritime Arbitration

Upon completion of the training, candidates must undertake and pass a law, practice, and procedure exam(date TBC) to be eligible for MCIArb. Candidates who fail any assessment will be required to retake them as per the Candidates Regulations.

PART 2 Law of Obligations

Candidates who meet the criteria for the Exemption Test will be sent the link after completing the Part 1 assessment. Click here for full information about exemption criteria.

Candidates who are not eligible for the exemption test, must take the full Module 2 course and assessment at an additional cost. The full details of which can be found here.

Existing Fellows of the CIArb are exempt from having to complete Part 2.

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

Candidates will receive training during the virtual sessions on evidence and award writing and must take and pass an award writing exam in 2022 (date TBC).

On successful completion of the Diploma course, all candidates:

  • may be eligible to claim CPD if the course has contributed to members’ development, and evidence of participation is provided. It may count as part of the CPD requirement for CIArb, Solicitors Regulation Authority, Bar Standards Board, ACCA, CILEX, ICE and RIBA;
  • may use the designatory letters DipCIArb;
  • will be eligible to apply for:
    • Member grade of CIArb upon successful completion of Part 1, or
    • Fellowship of CIArb upon successful completion of Part 2, 3 and the Peer interview.

Membership of CIArb enables you to:

  • Build your network through our international and inclusive community of members spanning 149 countries
  • Develop your knowledge and skills through CIArb’s world-renowned training, events and resources
  • Raise your profile with globally recognised and respected post-nominals: Associate (ACIArb), Member (MCIArb), Fellow (FCIArb) and Chartered status (C.Arb)
  • Promote your skills and experience through CIArb’s Membership Directory
  • Keep up to date with industry and CIArb news and views through:
    • eSolver – our monthly newsletter
    • Resolver – our quarterly digital magazine
    • Arbitration: The Journal of International Arbitration, Mediation, and Dispute Management – CIArb’s peer reviewed, academic journal.

PART 1 Law, Practice and Procedure of International Maritime Arbitration

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

• Describe:
   o the contractual nature of Arbitrator appointment
   o the range and limitations of an Arbitrator’s powers and jurisdiction
   o the rights, duties, and responsibilities of a party to an Arbitration

• Explain:
   o Legal procedural principles, rules, and agreements relevant in International Maritime Arbitration
   o the legal limitations on what matters/disputes it is permissible to arbitrate
   o the methods of initiating and processing a Maritime Arbitration
   o the relevance of the state court at each stage of an Arbitration from appointment to enforcement and challenge

•List the elements required for an Award to be enforceable
•Identify and apply the correct relevant rules and laws to procedural issues which may arise in a maritime arbitration
•List the advantages and possible disadvantages of maritime arbitration comparted to other means of maritime dispute resolution

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.

What are the learning outcomes of Part 3?

On successful completion of this course candidates, will be able to:

• Analyse and evaluate evidence
• Identify issues that arise from the parties’ submissions
• Create a workable structure and deal with all the issues that arise
• Apply logic and legal knowledge to produce a legally sound, well-reasoned and argued award
• Describe and further develop award-writing skills independently.
• Draft the discursive and operative parts of the award;
• Identify and address issues related to parties’ costs and interests arising out of an award;
• Allocate arbitrators’ fees and expenses;
• Write an Award that is compliant with the legal and other requirements for it to be enforceable.

PART 1 Law, Practice and Procedure of International Maritime Arbitration

ADR Processes and Arbitration

Definition and placement of Arbitration within a range of DR processes.

Law and the Legal Framework surrounding Arbitration

  • Legal systems, the hierarchy of norms, and the role of courts in support of arbitration.
  • The New York Convention, importance of the seat of arbitration and choice of law.
  • Nature and limits of arbitration.
  • DR clauses and the arbitration agreement; formation, validity and incorporation by reference.
  • Types of arbitration: ad-hoc, institutional, documents only, time limited.

The Arbitration Procedure

  • The appointment of the arbitrator and terms & conditions of appointment.
  • An arbitrator’s jurisdiction and powers.
  • Obligations and responsibilities of the tribunal and the parties.
  • Managing the arbitration process: communications, preliminary meeting, interlocutory matters, submissions, dealing with factual and opinion evidence and disclosure of documents, the hearing.
  • The commencement of the arbitral process, the activation and scope of the agreement.
  • Challenges to jurisdiction and conflicts of interest.
  • Preparation for procedure at a typical hearing, contrasting common law and civil law jurisdictions.
  • Alternative methods for presenting claim and defence.
  • Interim measures, including injunctive relief and security for costs.
  • Costs, offers and interest - approaches in different jurisdictions.
  • Essentials of an enforceable award.
  • Using technology in arbitration.

Maritime arbitration

  • Maritime contracts including international sales contracts and Incoterms, bills of lading, charter parties, shipbuilding contracts, marine insurance, salvage.
  • Maritime Arbitration Commissions and Rules in major shipping nations with a particular emphasis on the London Maritime Arbitrators Association Rules (LMAA) and the  Hong Kong Maritime Arbitration group (HKMAG)  and the Singapore Chamber of Maritime Arbitration (SCMA).
  • Legislation in England & Wales and the APAC Region.

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

  • Purpose of the award.
  • Purpose of reasons.
  • Formal requirements of an award.
  • Substantive requirements for an award.
  • Elements of an award:
    • The recitals
    • Defining the issues
    • Defining the law
    • Ordering and handling issues
    • Contentions on the issues
    • Summarising evidence
    • Findings of fact
    • Dealing with legal submissions
    • Arriving at a conclusion for each issue
    • Parties’ costs and interest
    • Arbitrator’s fees and expenses
    • The seat of the arbitration
    • Publishing the award.
  • Sending out the award and dealing with slips.

 

To unlock this course/assessment, you need to have at least one of the below prerequisites completed

No additional courses are unlocked by this course

No additional Membership Grades are unlocked by this course