What is the aim of the module?
This course is to provide candidates with a detailed knowledge of the procedural elements of an International (ie. non- domestic) Arbitration, using legislation based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law, regional Arbitration law, and the UNCITRAL Arbitration Rules to enable them to understand and participate in such proceedings.The course focuses on legal principles, process, practice and procedure in International Arbitration. It is therefore valuable for anyone wishing to understand this topic generally, for example as a party, party representative or witness. It is also an essential requirement for qualification as a Fellow of CIArb, and for those who aim to practise as an International Arbitrator.
What are the learning outcomes?
On successful completion of this course candidates will be able to:
- Define what is meant by the term ‘International’ Arbitration;
- Identify, explain and apply the legal procedural principles, rules and agreements relevant to the conduct of an International 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 an International Arbitration;
- Evaluate issues and apply the principles of the UNCITRAL Model Law as well as a regional Arbitration law, appropriately;
- Demonstrate practical skill in carrying out the tasks required in preparing for and progressing an International Arbitration;
- Demonstrate skill in controlling an International Arbitration, communicating effectively with the parties, applying the UNCITRAL Arbitration Rules and adopting appropriate procedures.
What is covered within the syllabus?
- Dispute Resolution Processes – An Overview
- A History of Arbitration
- The Arbitration Act 1996
- Choices Available to Parties
- The Arbitration Agreement and Commencement
- Appointing an Arbitral Tribunal
- The Arbitral Tribunal: Independence and Impartiality
- The Arbitral Tribunal: Jurisdiction and Powers
- The Arbitral Tribunal: Duties and Procedural Choices
- Procedures: Pleadings, Documents and Evidence
- Procedures: Applications to the Tribunal
- Procedures: The Hearing
- Remedies, Costs, Interest and Currency Awards
- The Role of the Court
- The Role of the State Court
Ms Sunita Tavabalan, ExecutiveThe Chartered Institute of Arbitrators (CIArb) Singapore Branch Maxwell Chambers Suites, 28 Maxwell Road, #02-17, Singapore 069120 Telephone: +65 6968 1598 Email: STavabalan@ciarb.org
If you have any questions on how to complete this form, or any queries about our courses please contact the above.