MEMBERSHIP AND EXAMS - PART IIIB EXAMINATION

This Part consists of two papers:

• Paper 1 - The law, practice and procedure of arbitration.
• Paper 2 - The defining of issues, drafting directions and interlocutors.

Aims

A course of study based on this syllabus should:

• provide an in-depth knowledge and understanding of the law of arbitration
• develop a sound knowledge and understanding of the principles of the practice and procedure of arbitration
• develop an ability to analyse information, select appropriate rules and procedures and apply these in a reasoned manner
• consider the importance of good management and inter-personal skills
• develop the ability to define issues, draft directions and interlocutory orders
• equip a candidate with a standard of good practice so as to be able to deal as arbitrator with all aspects of dispute proceedings

Examination Objectives

Candidates are required to demonstrate:

1. a knowledge of the law of arbitration as defined in the syllabus
2. an understanding of the concepts of arbitration as defined in the syllabus
3. an ability to define the issues and draft directions and interlocutors
4. an ability to deal with all aspects of arbitration practice

Paper 1 - The Law, Practice and Procedure of Arbitration

This paper will be three and one quarter hours. Candidates will be required to answer four out of eight questions.

To achieve a pass a candidate must gain at least 55%.

SYLLABUS CONTENT - FOR PART IIIB PAPER 1

• Arbitration in the context of all forms of Dispute Resolution

 

• The appointment
  • Requirements for a valid appointment
  • Challenge of validity of appointment

   

• Preliminary proceedings
  • The Common Law and application of specific arbitration rules
  • Handling Preliminary meetings
  • Directions and interlocutors
  • Pleadings, Adjustment, Open and Closed Record
  • Amendment of pleadings
  • Recovery and inspection of documents
  • Agreement of facts and figures
  • Fixing time and place of hearing
  • Certification of expert witnesses

   

• Preliminary issues
  • The arbitrator’s rôle in determining: points of law; issues of fact; expenses
  • Expenses generally
  • Capping of expenses
  • Security for expenses
  • Determining expenses
    • What considerations are relevant

     

• Controlling the hearing
  • How to conduct the proceedings
  • The arbitrator’s rôle in the: examination of witnesses; evidence on oath or affirmation
  • Issues involved in the appointment of experts, legal advisers, assessors
  • Whether or not ex parte proceedings can be ordered

   

• The Award
  • Time for making the Award
  • Status of Awards issued later
  • Form of Award
  • Essentials of an enforceable Award
  • When to issue Awards on different issues (part and interim Awards)
  • Agreed Awards
  • Reasoned Awards
  • Interest
  • Expenses
  • Arbitrator’s fees and fees of Clerk
  • Notification of Award
  • Arbitrator’s lien
  • Correction of Award
  • Registration in Books of Council and session
  • Enforcement of Award
  • The arbitrator’s duties concerning remission/setting aside of Award

Paper 2 - Issues and Drafting

This paper will be three and a half hours. There will be one compulsory drafting question.

To achieve a pass, candidates must gain at least 55%.

SYLLABUS CONTENT - FOR PART IIIB PAPER 2

• Deeds of Submission and appointment
• Defining the issues
• The drafting of interlocutors