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Module 2 - The law of Adjudication

Housing Grants, Regeneration and Construction Act

 

Aim

The aim of this module is to provide sufficient knowledge and understanding of adjudication practice and procedure and the related law to enable Associate members of the Institute (ACIArb) to progress to Membership (MCIArb).

 

Delivery

This module is delivered by a mixture of home study and face-to-face tutorials.

This module will be delivered over a period of four months, and you will be required to attend three tutorials, each lasting six and a half hours.

 

Key learning objectives

On successful completion of this module candidates will be able to:

 

  a)

Describe and explain the principles and specific legal requirements in a statutory adjudication, including:

     

the range and limitations of matters that may legally be adjudicated;

     

the significance, rights and responsibilities of the different performers in an adjudication;

     

the peculiar contractual nature of an adjudication appointment;

     

the range and limitations of an adjudicator’s powers and jurisdiction;

     

the methods of initiating and processing an adjudication;

     

the relevance of the Court regarding all stages in an adjudication; and

     

the requirements of an enforceable adjudication decision.

  b)

Appreciate, apply and balance the principles and legal requirements set out in the syllabus below in the context of a statutory adjudication.

  c)

Show a confident ability to refer to, use and express legal procedural principles, rules and arguments relevant to the conduct of a statutory adjudication.

 

 

Assessment

Assessment of this module is by a combination of one written coursework assignment and a final 3-hour written examination, contributing 20% and 80% to overall marks respectively.

The final open-book examination is to contain a range of compulsory short questions (40% of this examination) to check understanding across all elements in the syllabus above, together with two (30% each) out of three longer 'problem' questions aiming to test participants’ ability to apply their knowledge.

The pass mark for this Module is 55% which must be achieved in both the 3-hour examination and overall.

 

Entry Qualifications

This course is intended for individuals who wish to acquire a full and detailed understanding of statutory adjudication law in their respective jurisdictions and fields, having previously studied obligations and evidence law at first year least university level and worked in a legal environment for several years OR recently successfully completed CIArb's Module: 1 Laws of Obligations and Evidence.

The module details the respective law of statutory adjudication. It is therefore valuable for anyone wishing to understand the process, whether as a party, advocate, witness, judge or potential adjudicator.


CPD

The Law Society and the Bar Council of England and Wales have accredited the Course for 12 hours CPD. If CPD accreditation is required for other organisations, we will be pleased to provide a Certificate of Attendance. Please ask for this on the application form.

 

 

Disclaimer

The Chartered Institute reserves the right to cancel or change the date, venue or content of programmes and the names of speakers, lecturers and tutors without prior notice.

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Summary

Cost: £1820.08 (inc. VAT)


Schedule:

Start date: 28 April 2008
or 8 December 2008

 

Venue: 12 Bloomsbury Square, London

 

 

 

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