Module 2: Law & Obligations

Organized by the Chartered Institute of Arbitrators (CIArb), Kenya Branch
Tutorial Dates:

  • Tutorial 1 – 14th August 2025
  • Tutorial 2 – 3rd September 2025
  • Tutorial 3 – 30th September 2025
    Delivery Mode: Online

About the Course

Module 2: Law and Obligations is a comprehensive five-month course designed to equip candidates with a solid understanding of the legal principles underpinning the law of contract and tort, particularly in the context of dispute resolution.

Whether you’re transitioning into arbitration, adjudication, or mediation or seeking to strengthen your legal foundation this course introduces key elements of legal obligations as they affect civil and commercial disputes. It draws from both common law and civil law traditions, making it suitable for an international audience and those unfamiliar with legal studies.

The course will be delivered through three one-day online tutorials, supported by guided discussions, presentations, and a structured workbook.

Who Should Enroll?

This course is ideal for:

  • Candidates seeking to qualify as arbitrators, adjudicators, or mediators
  • Individuals aiming to understand the core legal systems that govern commercial relationships
  • Those with limited or no prior legal training who need a strong legal foundation
  • Members progressing toward Fellowship (FCIArb) status after achieving Member (MCIArb)

Learning Outcomes

By the end of this course, participants will be able to:

  • Identify and interpret key legal sources in common and civil law jurisdictions
  • Understand the principles governing contractual and tortious obligations
  • Apply legal remedies relevant to contract and tort disputes
  • Analyze and resolve legal problems in a dispute resolution context

Course Content

Introductory Matters

  • Nature of law, sources of law, and the administration of justice
  • Role of courts, tribunals, and alternative dispute resolution

Law of Contract

  • Types and formation of contracts
  • Contractual content: express, implied terms, exclusions, penalties
  • Vitiating factors: misrepresentation, mistake, illegality, duress
  • Privity, third-party rights, discharge, and remedies
  • Legal concepts such as agency and choice of law/forum

Law of Tort

  • Liability: primary and vicarious
  • Negligence: duty of care, breach, causation, remoteness
  • Personal injury, economic loss, occupiers’ liability
  • Torts such as trespass, nuisance, defences, and remedies

Course Assessment

Assessment is split across two components:

  1. Contract Law: Two-and-a-half-hour closed-book exam (60%)
  2. Tort Law: One-and-a-half-hour closed-book exam (40%)

The exams are currently offered as a 48-hour take-home assessment. A 65% overall pass mark is required for successful completion.

Candidates who pass this module will be eligible to proceed to Module 3 of the Domestic Arbitration pathway.

Course Fees

  • Tutorial Fee: Kshs 44,000/= (includes course materials)
  • Installments: First installment of Kshs 20,600/= is due by Friday 26th July 2025, with the balance due by Friday 30th August 2025
  • Note: Participants will cover the cost of postage/delivery for materials

Examination Fe

  • Exam Fee: GBP 346
  • Installment Deadline: Full payment must be received by Friday 20th September 2025
  • Payment Method: Bank deposit to CIArb Kenya Branch
    • Bank: NCBA Bank, Mama Ngina Branch
    • Account Name: Chartered Institute of Arbitrators
    • Account No.: 6435390046 (Pounds Account)

Materials & Venue

Course materials will be issued upon payment and are available for collection or delivery (delivery at participant’s cost). All tutorials will be conducted online on the scheduled dates.

Membership Requirement

This course is part of the Pathway to Fellowship. As such, all subsequent assessments, including this one, are considered membership examinations. Candidates are therefore required to have regularized their membership with CIArb. Membership application forms were issued following the Introductory course results.

Apply Early – Limited Spaces Available

Enrollment opens on 31st May 2025. Applications will be accepted on a first come, first served basis. Early registration is encouraged due to limited capacity.

Start your journey toward Fellowship and elevate your dispute resolution career with CIArb Kenya’s Module 2: Law and Obligations. https://docs.google.com/forms/d/1eiY1kkOZQiOMe4O4BCePOgr2qYWOTpomj8EUKYuqH7A

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