|
 Print this page
|
MODULE 4 – Arbitration
Drafting an Enforceable, Reasoned final Award
Overall aim
To provide sufficient knowledge of and practice in all the requirements for the writing of a Final, reasoned and enforceable arbitration Award in a commercial dispute.
Key learning objectives
On successful completion of this module participants will be able to:
|
a) |
Demonstrate a knowledge and understanding in depth what is involved in writing an enforceable Award, including:
- distilling issues from submissions and ordering them;
- dealing with all the matters of claim;
- deciding all matters in dispute fairly;
- allocating costs appropriately;
- demonstrating an intelligent and intelligible use of language, grammatically correct and correctly spelt; and
- completing all the legal and other requirements for enforceability.
|
|
b) |
Demonstrate practical skill in writing a formal document that is legally satisfactory, clear, cogent, comprehensive and concise. |
|
c) |
Demonstrate skill in evaluating evidence, distilling issues from submissions and deciding issues by applying legal principles to facts. |
Syllabus
Purpose of an Award |
| |
Resolving the dispute
Informing the parties of the decision
Providing reasons for the decision |
Difference between Orders & Awards and between Awards & Judgments |
Legal and Substantive Requirements |
| |
Form of Award
Date, signature; (witness); seat
|
| Legal Framework for the Dispute |
| |
Arbitration Agreement
Law of the contract
Law of the arbitration
(other relevant laws) |
Procedural matters |
| |
Relevant arbitration code
Preliminary / procedural meetings
Pleadings / submissions
Difficulties with disclosure
Specific arbitration techniques
Documents-only arbitrations |
Writing in plain English |
| |
Purpose
Grammar, spelling and punctuation |
The Reasoning Process |
| |
Reasons
Telling the story
Understanding evidence
Deciding |
Structure of an Award |
| |
Headings and Titles
‘Recitals’
Operative section
Reasons section |
|
|
Facts, issues, findings
Application of law |
| |
Dealing with costs issues
|
Writing an International Award |
| |
Particular requirements
Applicable laws
Procedural compliance
Language and reasoning |
Money-awards and costs |
Formalities |
Costs and Interest |
Notification of an Award |
Enforcement |
Assessment
Assessment consists of two elements:
| |
i) |
a written assignment – 20% of the total pass mark |
| |
ii) |
a Final Award submitted on a dispute presented in a scenario in 2 parts, the first provided by email approximately two weeks before the examination date, the second provided at the beginning of a fixed 24-hour period during which the participant produces and submits his Award by e-mail on or before the end of that 24-hour period. |
The pass mark is 70% which must be achieved in both the second element and overall plus all the necessary requirements for enforcement in the second element.
Delivery and completion of the module
This module is designed to be completed within three to four months. It is based on a combination of guided reading and two face-to-face tutorials.
Study Time
Typically, the total recommended study time for this Module is 42 hours excluding time taken in answering Assignments. This is scheduled into studying individual sections of the Workbook [20 hours], followed by practice Assignments, with periods of revision [10 hours] before each of the two 6-hour Tutorials. Each holding of this Module has its own Programme schedule showing the dates for each part and with these recommended times detailed.
Entry qualifications
This Module recommends itself to anyone having to deal with arbitration Awards, including potential arbitrators, lawyers seeking to challenge or enforce Awards and judges with applications before them as challenges on or for enforcement of Awards.
Membership
Participants wishing to progress to Fellowship of the Institute, FCIArb must:
- be Members (MCIArb) of the Institute; and
- have passed Module 3 – Arbitration Practice, Procedure and Drafting
or
- have passed the Institute’s Accelerated Fellowship Programme.
Essential Reading
Workbook: Award Writing
Course notes
Additional Reading
Participants may find it useful to refer to the following to supplement their learning: |
| |
A Practical Guide to Award Writing – Ray Turner
|
|
