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ABOUT INTERNATIONAL ARBITRATION
International arbitration is sometimes called a hybrid form of international dispute resolution, since it blends elements of civil law procedure and common law procedure, while allowing the parties a significant opportunity to design the arbitral procedure under which their dispute will be resolved. The use of international arbitration has evolved to allow parties from different legal, linguistic and cultural backgrounds to resolve their disputes in a final and binding manner, typically without the formalities of the procedural rules of their own legal systems. International arbitration continues to grow as an area of practice and nowadays, it is the preferred method of resolving cross-border disputes, either on a stand-alone basis or in conjunction with other forms of Alternative Dispute Resolution (ADR).
2 ILP Subjects ILP7 & ILP14
A NEW PATHWAY TO BECOME A MEMBER OR FELLOW OF THE CHARTERED INSTITUTE OF ARBITRATORS
Successful completion of The Graduate Certificate in International Arbitration Practice provides a new pathway to CIArb membership (MCIArb and FCIArb). Complete 1 subject for membership which would otherwise require 5 years of experience and 2 subjects for fellowship which would otherwise require 10 years of experience.The College is the only Recognised Course Provider (RCP) of CIArb in Australasia.
- ILP7 – International Arbitration Practice
Alternative dispute resolution is in increasing demand as parties seek different avenues to resolve their disputes. It is important in an international context to help resolve cross-border disputes. In particular, the development of global trade and investment has resulted in the increase of international commercial transactions. In many parts of the region, rapid development has meant increased caseloads for already overburdened courts, further leading to slow adjudication of commercial disputes. As a result, alternative dispute resolution (ADR) mechanisms, including arbitration, have become more crucial for businesses operating in Asia.
The effectiveness of any ADR method depends on the national legal system to which it is subject. Some jurisdictions such as Singapore and Hong Kong have been at the forefront in developing their legal frameworks in recent years to become neutral dispute resolution forums that are international in scope yet responsive to diverse users and cultures.
This practice-based subject focuses on the key knowledge and skills required to participate in international arbitration and other alternative dispute resolution processes in different jurisdictions.Topics
- Framework for international arbitration and dispute resolution
- International arbitration and key arbitral institutions around the world
- Drafting arbitration agreements
- Jurisdiction of Arbitral Tribunal and Role of National Courts in various jurisdictions
- Arbitral proceedings – procedure and evidence
- Arbitral awards – content, form, enforcement and challenge
- Other dispute resolution processes used world-wide
- ILP14 – The Arbitral Award and Awards Writing
This practice-based subject will advance your knowledge on the arbitral award in international commercial arbitration. You will gain the necessary knowledge and skills to write effective arbitral awards in the context of international arbitration.
At the end of the subject, you will have specialised knowledge and skills to prepare and conduct international arbitration hearings.Topics
- The various types of arbitral award and the purposes of an award
- The legal, procedural and substantive requirements of an award
- The structure and form of an arbitral award
- Publication of the award
- Practical and linguistic considerations in writing an award
- Identifying the issues for determination
- Arbitral reasoning and decision-making
- Assessing different forms of evidence/Applying the requisite burden and standard of proof
- A practical approach to award writing and ensuring a valid award
- Common issues and challenges in awards other than final awards
You must have an undergraduate law degree or equivalent to enrol in the Graduate Certificate in International Arbitration Practice.
- Martin Polaine, Teaching Fellow, The College of Law
- Karen Gough – Barrister at 39 Essex Chambers (London office)
- Professor Donald Lewis – Adjunct Professor at Stanford University Law School
- Matthew Baird – Barrister and Director at Asian Research Institute of Environmental Law
CURRICULUM ADVISORY COMMITTEE
- Martin Polaine – Barrister at Brookes Chambers (Chair)
- Raphael Tay – Partner at LAW Partnership
- Steven Lim – Barrister at Brookes Chambers (Singapore office)
- Professor Donald Lewis - Adjunct Professor at Stanford University Law School