The International Arbitration Introductory course is of a single day’s duration which provides an understanding of the general principles of arbitration and incorporates a comparison of the main alternative dispute resolution processes – arbitration, mediation and adjudication. It is particularly suited to those who are new to the field of international arbitration and who have no legal training. It is suitable for those considering further study to become an Associate Member of the Chartered Institute of Arbitrators and who wish to become a Chartered Arbitrator.
There are no entry requirements for this course.
This course will address topics such as:
- comparison of dispute resolution procedures
- the UNCITRAL Model Law
- composition, powers and jurisdiction of the arbitral tribunal
- statement of claim and defence
- organising and procedures
- costs and interest
- arbitration awards, drafting and enforcement
- Exercise in drafting and arbitration clause
The course is delivered over the course of one day and comprises combinations of lectures, workshops and open forums.
Assessment will comprise one written assignment given to the candidates on the day of the course which must be completed and submitted within 28 days thereafter.
After the successful completion of the course, candidates will be issued with a certificate of completion and will be eligible to apply to be Associate members of the Chartered Institute of Arbitrators. Candidates will also be eligible for further training to Intermediate level under the Institute’s “Pathways to Fellowship” programme.
The cost of the Introductory course is € 500,-. The fee includes registration on the course, study materials, lunch and refreshments throughout the day.
Unless noted otherwise, the course language is English.
Advanced level course
The Advanced level Course consists of two modules, in which Module 1 is in regard to the law of obligations and civil evidence, while Module 2 relates to the law of arbitration. Candidates who already have a legal qualification may be exempted from Module 1.
Module 1 – law of obligations and civil evidence
The aim of this Module is to provide a robust understanding and appreciation of the key aspects of the local jurisdiction’s legal system and approach to obligations and evidence that influence, shape or otherwise have a bearing on how disputes may be treated and resolved according to law.
This course is intended for individuals who have not necessarily studied law previously and who wish to gain a firm understanding of all the key elements of obligations and evidential law that affect matters in civil and commercial disputes. It is suitable both for individuals who wish to go on to become qualified arbitrators or adjudicators and those with a more general interest in dispute resolution. The course will be valuable for anyone wishing to understand and apply legal principles to a situation under dispute, including mediators, or distil the reasoning underlying a court’s decision. The level of knowledge developed by the course is roughly equivalent to those elements of a first degree law at university relevant to alternative dispute resolution processes.
The syllabus for this module will address the relevant legal system (that is, the following features that affect the other headings):
– Nature of law and its place in society
– Sources of law (codes, decrees, statutes; case decisions)
– Enforcement & administration, including key court procedures
– Capacity, rights and duties of legal persons (individuals, corporations)
– Relevance to civil & commercial matters
Contractual Obligations, such as:
– Contract types (formal, informal, oral; dependent on party status)
– Formation and contents
– Juridical relationship (privity)
– Offer and acceptance
– Consent and certainty
– Effects and liabilities
– Performance (discharge)
– Non‐performance (breach)
– Remedies for non‐performance
– Illegal contracts
– Undue influence and duress
– Error (mistake)
– Representation (agency)
Quasi-contract (obligations created by law in the absence of party agreement) such as unjust enrichment.
Extra-contractual (tort / delict):
– Liability (unlawfulness, fault, damage, causal connexion)
– Defences to liability
– Intentional and unintentional (quasi‐delict)
– Negligence; standards and duty of care
– Intrusion and interference (trespass and nuisance)
– Types (physical, documents, oral)
– Competence (legal fitness of a witness to give testimony)
– Admissibility (whether a tribunal is bound to receive the evidence)
– Relevance (probative value related to the matter in question)
– Weight (balance or preponderance of evidence)
– Proof (standards and burden)
– Testimony (evidence given by a competent witness under oath or affirmation)
– Witnesses (factual and opinion)
The course is delivered over a period of seven months, with a combination of private study and face-to-face 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 face-to-face tutorial dates will be provided separately.
This module is to be assessed in three elements (contract, tort and evidence):
– Contact – assignment (10% of overall mark) + 2 1/2‐hour closed‐book examination (40% of overall mark)
– Tort – assignment (5% of overall mark) + 2 1/2‐hour closed‐book examination (25% of overall mark)
– Evidence – assignment (20% of overall mark)
The examinations are closed book – no materials are permitted in the examination room.
The pass mark is 55% which must be achieved in both examinations and overall for each of the three elements.
In order to register onto the Module, candidates must:
– have successfully completed and passed a CIArb Introduction Module, a relevant course offered by a CIArb Recognised Course Provider or a course offered by a CIArb Branch; and
– be registered with the CIArb as an Associate member.
The course fee will be confirmed shortly and it includes registration on the course, the first attempt at the assessments, study materials, lunch and refreshments on the tutorial days. Upon successful registration, candidates will receive confirmation that they are booked on the course. Joining instructions and course materials will be sent to candidates approximately two weeks before the course start date.
Module 2 – The Law of Arbitration
The aim of this Module 2 is to provide participants with a detailed knowledge and appreciation of the differences in the law of international arbitration applying in their relevant and other selected jurisdictions so that they can recognise or contribute to a legally satisfactory international commercial arbitration.
On successful completion of this module participants will be able to:
a) Describe and explain the principles and diverse legal requirements in international arbitrations, including:
- the ranges and limitations of matters that may legally be arbitrated;
- the significance, rights and responsibilities of the different performers;
- the nature of international arbitral appointments;
- the range and limitations of an international arbitrator’s powers and jurisdiction;
- the importance and means of choosing appropriate applicable laws;
- the methods of initiating and processing international arbitrations;
- the relevance of the Court regarding all stages in an international arbitration; and
- the requirements of an enforceable international award.
b) Appreciate, apply and balance the principles and legal requirements set out in the syllabus below in the context of international arbitration.
c) Show a confident ability to refer to, use and express recognised procedural principles, rules and arguments relevant to the conduct of international arbitrations.
The syllabus for Module 2 will cover the following areas of international arbitration law:
Arbitration in the context of the range of methods for resolving disputes:
- appropriateness of other methods for some disputes; and
- arbitration as a final means for resolution
Fundamental Principles of the international arbitration process:
- private International Law and applicable laws; and
- recognition and Enforcement Conventions and Treaties
International arbitration codes: one each from a Common Law, Civil Law, UNCITRAL Model Arbitration Law jurisdiction and a local jurisdiction.
General concepts shall include a close examination of each of the following:
Mandatory and non-mandatory sections
Optional and default provisions
The Arbitration Agreement
Initiation of an international arbitration including pre-conditions and Notice
Appointment of an international arbitral tribunal
The parties’ contract with the arbitrator(s):
Deciding and setting the Procedure:
Role of Courts, and
Assessment of Module 2 is by means of a combination of one written coursework assignment and a final three-hour open-book written examination, contributing 20% and 80% to overall marks respectively.
The final examination contains a range of compulsory short questions (40% of this examination) to check understanding across all elements in the syllabus above, together with two (30% each) out of three longer “problem” questions aiming to test participants’ ability to apply their knowledge.
The pass mark for this Module is 55% which must be achieved in both the written examination and overall.
This course is delivered and completed over a period of six months and It is best delivered by a combination of guided reading and a number of face-to-face tutorials with at least three tutorials at regular intervals are recommended.
Typically, the total recommended study time for this Module is 82 hours excluding time taken in answering Assignments. This is scheduled into studying individual sections of the relevant legislation [48 hours], followed by practice Assignments, with periods of revision [16 hours] before each of the three 6-hour Tutorials. Each holding of this Module has its own Programme schedule showing the dates for each part and with these recommended times detailed.
This Module 2 course is open to individuals who have previously studied obligations and evidence law at first year university level and worked in a legal environment for several years OR recently successfully completed the Institute’s Module 1: Laws of Obligations and Evidence. The course fee will be confirmed shortly.
Before commencing this Course, participants are expected to be registered with the Institute as Associate members, and successful completion of this Module 2 contributes towards eligibility in arbitration towards full Member status.