This course is designed to give you a detailed knowledge and understanding of the Law underpinning arbitration, procedural elements of domestic (ie. non-international) arbitration and general Practice of Arbitration to enable you understand and participate in such proceedings. The course focuses on legal principles, process, practice and procedure in domestic arbitration. The course will take the form of two (2) Tutorials (lectures & discussions). It is based on the content of a Workbook which will be collected after finalizing with the application process in advance.
This Course is for you if:
- You are at the moment classified as an “Associate Member”.
- You are one wishing to understand this topic generally, for example as a party, party representative or witness.
- You wish to improve knowledge of Arbitration Law & Practice even if you will not participate at the exam.
- The course is a must for those who would like to progress to “Member” level MCIArb and eventually attain qualification as a Fellow of CIArb having taken the subsequent Modules.
What are the learning outcomes?
On successful completion of this course candidates will be able to:
- Define what is meant by the term ‘domestic arbitration’.
- Identify, explain and apply the legal procedural principles, rules and agreements relevant to the conduct of a domestic arbitration:
- The legal framework, including limitations of matters that may be legally arbitrated;
- 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 a domestic arbitration.
- Evaluate issues and apply the law of domestic arbitration appropriately.
- Demonstrate practical skill in carrying out the tasks required in preparing for and progressing a domestic arbitration.
- Demonstrate skill in controlling a domestic arbitration, communicating effectively with the parties, applying the CIArb Arbitration Rules and adopting appropriate procedures.
The Course content
- Dispute Resolution Processes – An Overview
- Arbitration in the context of the range of methods for resolving disputes
- A History of Arbitration
- The Arbitration Act1996
- Fundamental Principles of the Arbitration Process
- The Arbitration Agreement, Appointment and initiation of an arbitration
- The Arbitral Tribunal: Independence and Impartiality
- Arbitrators Jurisdiction and Powers
- The Arbitral Tribunal: Duties and Procedural Choices 10 Procedures: Pleadings, Documents and Evidence procedures: Applications to the Tribunal
- Pre – Hearing procedure and The Hearing
- Remedies, Costs & Interest
- The Award
Role of the Court