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    CIArb Module 1 - Learning Objectives

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    Sickles
    The document outlines the objectives and content covered in an international arbitration course. The objectives include: defining international arbitration, identifying and applying relevant procedural principles and rules, understanding the legal framework, and evaluating principles of the UNCITRAL Model Law. The content covered in the syllabus includes: an overview of dispute resolution processes, the history of arbitration, relevant arbitration acts, the arbitration agreement and commencement process, appointing arbitrators, arbitrator jurisdiction and powers, arbitration procedures, remedies and awards, and the role of courts in international arbitration.

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    CIArb Module 1 - Learning Objectives

    Uploaded by

    Sickles
    85 views3 pages
    The document outlines the objectives and content covered in an international arbitration course. The objectives include: defining international arbitration, identifying and applying relevant procedural principles and rules, understanding the legal framework, and evaluating principles of the UNCITRAL Model Law. The content covered in the syllabus includes: an overview of dispute resolution processes, the history of arbitration, relevant arbitration acts, the arbitration agreement and commencement process, appointing arbitrators, arbitrator jurisdiction and powers, arbitration procedures, remedies and awards, and the role of courts in international arbitration.

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    The document outlines the objectives and content covered in an international arbitration course. The objectives include: defining international arbitration, identifying and applying relevant procedural principles and rules, understanding the legal framework, and evaluating principles of the UNCITRAL Model Law. The content covered in the syllabus includes: an overview of dispute resolution processes, the history of arbitration, relevant arbitration acts, the arbitration agreement and commencement process, appointing arbitrators, arbitrator jurisdiction and powers, arbitration procedures, remedies and awards, and the role of courts in international arbitration.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    85 views3 pages

    CIArb Module 1 - Learning Objectives

    Uploaded by

    Sickles
    The document outlines the objectives and content covered in an international arbitration course. The objectives include: defining international arbitration, identifying and applying relevant procedural principles and rules, understanding the legal framework, and evaluating principles of the UNCITRAL Model Law. The content covered in the syllabus includes: an overview of dispute resolution processes, the history of arbitration, relevant arbitration acts, the arbitration agreement and commencement process, appointing arbitrators, arbitrator jurisdiction and powers, arbitration procedures, remedies and awards, and the role of courts in international arbitration.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Objectives of the Course:

    - Define what is meant by the term At its simplest, an arbitration that transcends
    “international” arbitration national boundaries1.

    A few factors determine if an arbitration is


    international:
    1. Parties have no connection with the
    seat of arbitration (neutral seat);
    2. Parties are usually (but not always)
    business or financial corporations,
    states, or state entities (whereas
    domestic arbitrations usually involve
    individuals);
    3. Sums involved in international
    arbitrations are greater than domestic
    arbitrations;
    4. A separate legal regime governs
    international arbitrations taking place
    on their territory, which are different
    from those that apply to domestic
    cases; and
    5. The state itself is permitted to enter
    into an arbitration agreement in
    respect of international transactions.

    - Identify, explain and apply the legal A formal notice is initially given in order to start
    procedural principles, rules and an arbitration.
    agreements relevant to the conduct of
    an international arbitration In international arbitration, there are no
    compulsory rules of procedure. The rules that
    govern an international arbitration are (i) the
    mandatory provisions of the lex arbitri (law of
    the place of arbitration), and (ii) rules that the
    parties have chosen.

    - The legal framework, including - “Before there can be a valid arbitration,


    limitations of matters that may be there must first be a valid agreement to
    legally arbitrated arbitrate… (as) recognised both by
    national laws and by international
    treaties.” (Redfern and Hunter, 2014 –
    pg 12). The consent can be in the form
    of a clause in the contract, agreement
    after a dispute has arisen, or as deemed
    to arise under international
    instruments.
    -
    - The contractual nature of the -
    appointment of an arbitrator

    1
    The ICC established its Court of Arbitration in Paris to provide for resolution of disputes by arbitration for
    what was described as “business disputes of an international character”.
    - 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 in the syllabus?

    - Dispute resolution process – an


    overview
    - A history of arbitration
    - The Arbitration Act 1996 (of England -
    and Wales)
    - 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, cost, interest and currency -
    awards
    - The role of the court -
    - The role of the state court -

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