THE CHARTERED INSTITUTE OF ARBITRATORS

a)

Describe and explain the principles and diverse legal requirements in international arbitrations, including: 

the ranges and limitations of matters that may legally be arbitrated;

• the significance, rights and responsibilities of the different performers;
• the nature of international arbitral appointments;
• the range and limitations of an international arbitrator’s powers and jurisdiction;
• the importance and means of choosing appropriate applicable laws;
• the methods of initiating and processing international arbitrations;
• the relevance of the Court regarding all stages in an international arbitration; and
• the requirements of an enforceable international award.

b)

Appreciate, apply and balance the principles and legal requirements set out in the syllabus below in the context of international arbitration.

c)

Show a confident ability to refer to, use and express recognised procedural principles, rules and arguments relevant to the conduct of international arbitrations.   

Arbitration in the context of the range of methods for resolving disputes

Appropriateness of other methods for some disputes

Arbitration as a final means for resolution

Fundamental Principles of the international arbitration process

Private International Law and applicable laws

Recognition and Enforcement Conventions and Treaties

one each from a Common Law, Civil Law, UNCITRAL Model Arbitration Law jurisdiction and China plus local if not in one of these categories

General concepts

Mandatory and non-mandatory sections

Optional and default provisions

The Arbitration Agreement

Nature of the agreement

Types of agreement (pre- and post-dispute)

Arbitrability / Public policy

Pre-conditions

Notice

Appointment of an international arbitral tribunal

Nominations and appointments

Obtaining an arbitrator

Qualifications and conflict of interest

The parties’ contract with the arbitrator(s)

Fees and expenses

Security for payment

Tribunal’s jurisdiction

Objections to and rulings on an arbitrator’s independence

Objections to and rulings on substantive jurisdiction

Tribunal’s powers

Default and optional powers

Issuing of orders

Deciding and Setting the Procedure

Methods

Matters to be decided

International Rules

Pre-Hearing Procedures

Pleadings and amendment of pleadings

Disclosure of documents

Provisions governing evidence of witnesses of fact and experts

Oral Hearings

Representation

Rules concerning evidence and speeches

Non-appearance of a party or witness

Costs

Classification

Basic rules

Security for costs

Offers to settle

Interest claims

Substantive and procedural provisions

Commercial consideration

Awards

Types of Awards

Legal and formal requirements for enforceability

Correcting an award

Rôle of Courts

Assisting a tribunal

Assisting a party

Grounds for appeal to a Court

Specialist régimes

ICSID, WTO, WIPO

The relevance of Public International Law and Bilateral Investment Treaties

Participants are recommended to refer to:

Fouchard Gaillard Goldman on International Commercial Arbitration

and

International Commercial Arbitration – Redfern and Hunter

and may also find the following reference useful:

An Introduction to Comparative Law – Zweigert & Kötz

Participants are also recommended to refer to the recognised standard basic commentaries and/or text book(s) in their respective jurisdiction where these are available.

England & Wales:

the CIArb Workbook – The Law of Arbitration

The Arbitration Act 1996 – Harris, Planterose, Tecks

France :

L’arbitrage – Gavalda, de Leyssac

Ireland :

Arbitration, Commentary and Sources – Ercus Stewart SC

Italy :

Codice dell’arbitrato – Deodato, Migliorisi

Malaysia :

The Arbitration Act 2005 – Rajoo, Davidson

Scotland :

The Law of Arbitration in Scotland - Hunter

Spain:

El Arbitraje de Derecho Privado – Cordón Moreno

UNCITRAL):

International Commercial Arbitration and Conciliation in UNCITRAL Model law Jurisdictions (2005) - Binder