What are the learning outcomes?

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

• Identify and explain in depth all the key elements of the international arbitration process;
• Evaluate issues and apply the principles of the UNCITRAL Model Law appropriately;
• Demonstrate practical skill in carrying out the tasks required in preparing for and progressing an
  international arbitration;
• Demonstrate skill in controlling an international arbitration, communicating effectively with the parties; and
• Applying the UNCITRAL Arbitration Rules and adopting appropriate procedures.

What is covered within the syllabus?

• Arbitration agreements;
• The legal framework: the importance of the seat, the New York Convention, procedural laws, and
  procedural rules;
• Types of arbitration: ad-hoc, institutional, documents only, time limited;
• Commencement of the arbitration, terms of reference;
• Obligations of the Tribunal, responsibilities, and obligations of the parties;
• An arbitrator’s jurisdiction and powers;
• Challenges to jurisdiction, conflicts of interest;
• Managing the arbitration process: communications, preliminary meeting, interlocutory matters, dealing
  with factual and opinion evidence and disclosure of documents;
• Security for costs;
• Presenting the claim and the defence: alternative methods;
• Preparation for and procedure at a typical hearing, contrasting common law and civil law jurisdictions;
• Essentials of an enforceable Award; and
• Costs and interest; alternative approaches in different jurisdictions.

How is the program 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 course is delivered over a period of three days, with in-person assessment workshops on the first two days (29 – 30 November). On day three (6 December), candidates may commence their Award Writing assessment.

How will I be assessed?

Assessment of this program is split into three parts, all of which must be passed:

Assessment 1 (Oral Exercises)
An interactive 2-day assessment in a series of workshops, where situations will be presented to candidates in groups for their consideration.  Candidates’ knowledge, judgment and interactive/self-presentation skills are assessed by oral exercises. Candidates are permitted to use any materials they wish throughout the workshops.
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 (Written Exercises)
Written exercises before and during the 2-day workshops:

• one written exercise on arbitration law to be submitted before the assessment workshops (10%)
• one written exercise on arbitration law to be submitted during the workshops (20%)
• two written exercises to be submitted during the workshops (10% each)
• one written exercise to be completed overnight (30%)
• one final written exercise (20%)

Candidates must achieve a minimum overall mark of 55% to pass this assessment.

Assessment 3 (Award Writing Exam)
This assessment is completed via LearnADR, CIArb’s online learning platform. Candidates will be given 48 consecutive hours within a 5-day window (6 December  – 11 December) to submit their decision online. Candidates must achieve 70% to pass the assessment.

Full submission instructions will be provided by HQ for assessment 3 on 22 November.

Assessment 3 is split into 2 parts:

Stage One
This consists of the papers in the case. They are sufficient to enable you to grasp the nature of the case and the likely legal problems. Most of the documents are extracts only. You should consider the introductory sections you intend to include and the matters of law and fact disputed by the parties. Stage One of the assessment is released via LearnADR 10 days before the assessment start date.

Stage Two
This is the equivalent of the hearing stage. It includes your record of the meeting. This records the oral evidence and arguments the adjudicator has heard, as well as any other relevant documents. From all the evidence you must make findings of law and findings of fact. Different candidates will no doubt make different findings. This is of no consequence, except that it means there are a great many possible answers to the question. When you have made your finding, write the remaining parts of your Decision. It must be a final Decision as regards the issues you decide. Stage Two is released at 12pm noon London Time on the assessment start date via LearnADR too. Stage 2 will be available for 5 days from the assessment start date and within those 5 days, you will have 48 consecutive hours to submit your decision back onto LearnADR.

Results are dispatched to candidates approximately twelve weeks from the date of the submission of the assessment.

What are the entry requirements?

In order to register for the Accelerated Route to Fellowship, candidates must submit evidence to show:

• They have a minimum of 5 years of practical experience of international arbitration either as a representative or an international arbitrator;
• They have substantial knowledge of the framework of international arbitration;
• They can recognise and evaluate evidence;
• They can significantly evaluate and apply the principles and requirements of an international arbitration;
• They can noticeably demonstrate practical skill in the carrying out of tasks required in preparing for and progressing an international arbitration.

Once accepted onto the program, we highly recommend that non-lawyers first complete the Module 2 Law of Obligations Exemption Test prior to commencement of the Accelerated Route To Fellowship in order to ensure they are familiar with both common and civil law legal principles. Access to the exemption test will be given free of charge.