Evidence, Decision Making & Award Writing
This module provides candidates with the knowledge required to understand and consider evidence, to weigh it up and analyse submissions, arrive at a conclusion and write a final, reasoned and enforceable Arbitration Award in compliance with the Arbitration Act 1996.
This course focuses 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 then writing a final, reasoned and enforceable Award.
The course will take the form of three (3) 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 a “Member” of the Chartered Institute of Arbitrators having attained this membership cadre
- 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 “Fellow” level and eventually attain qualification as a Fellow of CIArb.
In order to register for the course, candidates must:
- Have successfully completed and passed the CIArb Module 1 Law, Practice and Procedure under the New Pathways program.
- Recently successfully undertook the Special Process & Procedure transition.
- Have successfully completed and passed the CIArb Module 2 Law of Obligations under the New Pathways program or Module 1 under the “Old Pathways”.
- Been granted an exemption from the CIArb Module 2 Law of Obligations having passed the exemption test.
What are the learning outcomes?
On successful completion of this course candidates will be able to demonstrate sound conceptual technical and / or practical knowledge of:
- Recognizing and evaluating evidence
- The issues that arise from the parties’ submissions;
- Being able to create structure and deal with all the issues that arise.
- Deciding matters in dispute logically and in accordance with the law.
- The skills required to write Awards correctly.
- The discursive and operative parts of the Award;
- Being able to deal with the parties’ costs and interest of an Award
- Allocating Arbitrator’s fees and expenses;
- Demonstrating compliance with the legal and other requirements for an enforceable Award
The Course content
- Basic Concepts & Types of Evidence;
- The Burden and Standard of Proof;
- Hearsay;
- Privilege;
- Written Evidence and Disclosure of Documents;
- Witnesses;
- Expert Witnesses;
- Introduction: The Purpose of the Award;
- The Need for Plain Language;
- Legal and Substantive Requirements;
- Identifying the Issue for determination
- Reasons and Decision Making
- Structure of the Award
- The Form of the Award
- Publishing the Award
Course Assessment
Assessment of this course is a Four (4) – hour Award Writing examination exercise. In order to pass, candidates must achieve a minimum overall mark of 70% in the examination to pass the course.
Successful candidates:-
- will be awarded an Advanced Certificate
- Will be eligible to apply and pass the Peer Interview to upgrade to Fellow status of the Institute.
