What are the learning outcomes?

On successful completion of this program, 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

What is covered within the syllabus?

• Fundamental principles of the Arbitration process
• The UNCITRAL Model Law and Arbitration Rules
• The Arbitration agreement
• Commencement of an Arbitration and appointment of an Arbitrator
• Obligations of the Tribunal, responsibilities and obligations of the parties
• An Arbitrator’s jurisdiction and powers
• The Arbitration process: meetings, timetable, submissions, experts, disclosure, hearings
• The powers of the Court
• Interest and Costs
• Essentials of an enforceable Award
• Challenges, appeals and enforcement

How is the course delivered?

This is an assessment program 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 two days, with assessment workshops on day one and an examination on day two. The program date advertised is the date when candidates will be required to attend the assessment workshops in person.

How will I be assessed?

Assessment of this program is split into three parts:

Assessment 1 (Assignment)

• A written assignment to be submitted before the programme.
• The written assignment is released 2 weeks before the course start date on November 5th and is due before the commence of the course which starts on November 19^th.
• This assessment is not on a pass or fail basis. The mark achieved will contribute up to 20% of the final mark.

Assessment 2 (Oral Workshops)

• An interactive day of assessments 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.
• 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 3 (Coursework Paper)

• This assessment is completed via LearnADR, CIArb’s online learning platform, and will be 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).Candidates must a minimum overall mark of 65% to pass the assessment 3.

• Candidates will be given 48 consecutive hours within a 5-day window starting from 21 November  – 26 November to submit their answers online.
• This assessment is on a pass or fail basis. The mark achieved will contribute up to 80% of the final mark.

The overall assessment is based upon the combined marks of Assessment 1 and Assessment 3. Candidates must achieve a minimum overall mark of 65% to pass the program.

Full submission instructions will be provided by HQ for assessment 3 a week ahead of the assessment on 14 November.

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 onto the Accelerated Route To Membership, candidates must submit evidence to show that:

They have extensive knowledge of the framework and skills required to conduct an international arbitration, including:

• Being able to identify, explain and apply the legal procedural principles, rules and agreements relevant to the conduct an International Arbitration.
• 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, demonstrate practical skill in carrying out the tasks required in preparing for and progressing an International Arbitration, and demonstrate skill in controlling an International Arbitration, communicating effectively with the parties, applying the UNCITRAL Arbitration Rules and adopting appropriate procedures.

Candidates enrolling on any Ciarb course/assessment are required to ensure that their command of spoken and written English is adequate for the course/assessment for which they have applied. Ciarb does not require any evidence of this standard prior to enrolment on a course/assessment. However, it is the candidate’s responsibility to ensure their English language skills are at a Professional Working Proficiency level, in order to meet the required standard when enrolling for any Ciarb course/assessment. It is recommended that candidates 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. (Please note that we do not require an official IELTS or TOEFL result).

Please contact the British Council for further details on how to improve your English skills https://learnenglish.britishcouncil.org