11th & 12th August 2018 (Saturday & Sunday)
Course Time: 10:00 am to 6:00 pm
Venue: MCIA, 20th Floor, Express Towers, Nariman Point, Mumbai
Aim of the programme:
This course provides candidates with a detailed knowledge of the main procedural elements of an international (i.e. non-domestic) arbitration using arbitration legislation based on the UNCITRAL Model Law and Arbitration Rules, to enable them to understand and participate in such proceedings.
Learning Outcome of the Course:
On successful completion of this course candidates will be able to:
- Identify and explain in depth all the key elements of the international arbitration process;
- Evaluate issues and apply the principles of the UNCITRAL Model 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
- Arbitration agreements;
- The legal framework: the importance of the seat, the New York Convention, procedural laws, and procedural rules; conflict of laws, the Rome Convention;
- The use and adoption by State entities of the UNCITRAL Model Law;
- The UNIDROIT Principles of International Commercial Contracts;
- Types of Arbitration: ad-hoc, institutional, documents only, time limited;
- Commencement of the arbitration, terms of reference;
- The arbitrator’s terms and conditions of appointment;
- Obligations of the tribunal, responsibilities and obligations of the parties;
- An arbitrator’s jurisdiction and powers;
- Challenges to jurisdiction, conflicts of interest;
- Managing the arbitration process: communications, preliminary meeting, interlocutory matters, dealing with factual and opinion evidence and disclosure of documents;
- Security for costs;
- Presenting the claim and the defence: alternative methods;
- Preparation for and procedure at a typical hearing, contrasting common law and civil law jurisdictions;
- Essentials of an enforceable award;
- Costs, offers and interest; alternative approaches in different jurisdictions.
How is the course delivered?
The course is delivered with a combination of private study and face-to-face tutorials. The face-to face tutorial dates are listed on the Course Schedule.
How will I be assessed?
Assessment of this course is split into four parts:
- Assessment 1 and 2: written assignments to be submitted during the course (10% each).
- Assessment 3: A 3 hour closed book examination (80%).
- Assessment 4: An interactive 2 day assessment in a series of workshops.
Details of the assessment are as follows:
- Assessment 1 and 2 (written assignments). These assessments are not on a pass or fail basis. The mark achieved will contribute up to 20% of the final mark.
- Assessment 3 (examination). This assessment is on a pass or fail basis. Candidates must achieve a minimum of 55%. The mark achieved will contribute up to 80% of the final mark. Candidates who fail the examination will be required to re-sit the examination.
- Assessment 4 (workshop). This assessment is on a pass or fail basis. Candidates must pass all the workshop sessions. Situations are presented to candidates in groups for their consideration. A candidate’s knowledge, judgment and interactive/self-presentation skills are assessed by a series of oral and written exercises. There is an element of role-play involved. Candidates who fail the workshop will be required to re-sit this assessment.
- The overall assessment is based upon the combined marks of Assessments 1, 2 and 3. Candidates must achieve a minimum overall mark of 55% in these together with a pass at the Workshop to pass the course.
The examination is closed book however candidates will be allowed to an unmarked copy of the relevant Act and Scheme. Highlighting and underlining is permitted
Results are dispatched to candidates normally eight to twelve weeks from the date of the submission of the assignment or examination.
The examination is closed book; no materials are permitted in the examination room except for an unmarked copy of the UNCITRAL Model Law (incorporating the 2006 amendments) and Arbitration Rules (2010 revision).
Highlighting and underlining is permitted.
Details of the assessment are as follows:
The fee includes registration fee for the course, the first attempt at the assessment, study materials, and lunch and refreshments on all four days.
Registration fee is non-refundable.
Step 1:Applicable fee to be paid via Bank Transfer (NEFT) to the following account:
Name of Account Holder: Chartered Institute of Arbitrators India
Name of Bank: YES Bank Ltd
Account No: 016394600000011
Type of A/c : Savings
IFS Code: YESB0000163
Bank Branch: JVPD, Juhu Vile Parle (W), Mumbai 400 049
Step 2:Email to be sent to [email protected] confirming the amount, date and transaction reference number of the payment, together with full name, complete postal address, contact number, and occupation/profession of the candidate.
Last date of registration: 26th May, 2018
(Due to limited seats, registration on first come first served basis)
For further details, please contact:
20th Floor Express Towers
Nariman Point, Mumbai
Maharashtra – 400021
Tel: +91 22 6105 8888
E-mail: [email protected]