MEMBERSHIP AND EXAMS - PART I EXAMINATION

This examination is based on the assumption that candidates are already fully qualified and experienced in their own disciplines. This syllabus is not designed to supply or augment the knowledge required for the application of arbitration to the practice of any particular profession or trade.

Aims

The course of study based on this syllabus should:

• Provide an understanding of the general principles of arbitration law practice and
  procedure

Examination Objectives

Candidates are required to demonstrate:

1. An understanding of principles of good arbitral practice and procedure
2. An ability to analyse information, select appropriate rules and procedures and to apply these in a reasonable manner
3. An ability to organise and present information, ideas, descriptions and arguments clearly and logically, using appropriate terminology in grammatically and syntactically correct English

The examination consists of two elements:

1. The preparation of a written assignment of approximately 1000 words
2. One examination paper of two hours’ duration

To achieve a pass a candidate must gain at least 55% in both the assignment and in the examination.

SYLLABUS CONTENT - FOR PART I

Section 1 - Arbitration Law

• The Common Law
• The Articles of Regulation 1695
• The Arbitration (Scotland) Act 1894
• The Administration of Justice (Scotland) Act 1972
• The Law Reform Miscellaneous Provisions (Scotland) Act 1990

Section 2 - Dispute Resolution

• The general principles of dispute resolution: arbitration; adjudication; expert determination; mediation; conciliation and other methods.

Section 3 - Powers and Jurisdiction of the Arbitrator

• Sources of jurisdiction
• Appointment of the arbitrator
• Duties and appointment of a Clerk to the Reference
• Appointment and duties of Assessors
• Sist of court proceedings
• Procedure
• Challenge to the Award
• Judicial control
• Interim measures
• Security for expenses

Section 4 - Pleadings: Statement of Claim, Counterclaim, Answers and Adjustments

• Definition
• Function
• Designation
• Adjustment
• Amendment
• The Record

Section 5 - Preliminary Meetings

• Purpose
• Agenda
• Interlocutory orders

Section 6 - Procedure at the Hearing Including Evidence

• Authority
• Notice
• Ex parte proceedings
• Private hearing
• Representation
• Documents
• Record of hearing
• Jurisdiction
• Oath or affirmation
• Sequence
• Evidence

Section 8 - Essentials of the Award

• Basic philosophy and approach to Award writing
• Primary purpose
• Interim Awards
• Part Awards
• Form of Award
• Expenses
• Interest
• The essentials of an Award
• Correction of Award