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Module 4-Award Writing | 19th September

Module 4-Award Writing | 19th September

KShs64,500.00

The Chartered Institute of Arbitrators Kenya Branch has organized the above Module on Award Writing span over four months with two, one-day tutorials to be held at Fairview Hotel Nairobi on:-

 

Tutorial 119th September, 2019

 

Tutorial 2 23rd October, 2019

 

The aim of this module is to provide the formal and substantive requirements of an enforceable reasoned award, and a structure which will help give shape to the reasoning process. The course will be conducted by Tutors who are senior practicing arbitrators from the Branch.

 

Domestic Examination

The domestic examination is based on the Arbitration Act 1996 for England, Wales and Northern Ireland.

 

 

Who should take this module?

 

To participate in this module, you must:

  • be a Member (MCIArb) of the Institute,  and
  • have passed

 

1. or been exempt from Module 1 – the law of contract, tort and evidence at under-graduate level or the examination previously known as Part IIIA, and have passed:

2. Module 2 – the law of arbitration or the CIArb examination previously known as Part IIB;

and

3. Module 3 – Arbitration Practice and Procedure or the CIArb examination previously known as Part IIIB (both papers).

or

4. have passed the Fast Track Assessment.

or

5. have passed the CIArb Diploma in International Commercial Arbitration.

 

The module will be ideal for those members of the Institute who wish to improve and refine their Award-Writing skills even if they do not wish to participate at the exam.

 

This course is a must for those who would like to proceed to do ‘Peer Interview’ and eventually become Fellows of the Chartered Institute of Arbitrators (FCIArb).

 

Intended Learning outcomes:

 

It is intended that the course, which will be practice-oriented and will require active participation by participants, will focus on the process of Award writing and include amongst other subjects the following:

 

  • Purpose of the Award;
  • Legal and Substantial requirements of the Award;
  • Format of the Award;
  • The Reasoning Process;
  • Costs & Interest;
  • Enforcement etc.

 

On successful completion of this module you should be able to: –

 

  • Display a knowledge and understanding of how to write an enforceable, reasoned award that is legally satisfactory, clear, cogent, comprehensive and concise.
  • Demonstrate an intelligent and intelligible use of language, grammatically correct and correctly spelt.
  • Produce an effective, reasoned and enforceable award.

 

Assessment

 

There are two elements of assessment for this module.

  1. 20% Course Work – consists of an assignment to be submitted and marked before the second face-to-face tutorial.

The assignment pass mark is 55%.

 

  1. 80% An award writing examination comprising of a scenario in two parts, the first provided by e-mail approximately ten days before the examination date, the second provided at the beginning of a fixed 4-hour written examination period.

The examination pass mark is 70%.

 

Materials

 

The material consists of a specially written CIArb workbook provided at commencement of the Module after one has completed the application process.

 

 

Additional Reading

 

Statutes

 

(i)        The English Arbitration Act 1996

(A must for those preparing for the Award Writing exam )

 

(ii)       The Kenya Arbitration Act 1995

 

You should at least read one of the following text books: –

 

  1. Russel on Arbitration 22nd Edition – Chapter 6 pages – 228-292 – By D St John Sutton etc.

 

  1. Russel on Arbitration 21st Edition pages – 249-320 – By D St John Sutton etc.

 

  1. Handbook of Arbitration Practice 3rd Edition – Chapter 25 – pages – 225-263 – By Ronald Bernstein etc.

 

  1. Bernstein Handbook of Arbitration and Dispute Resolution Practice – Chapter 25 – pages 343-391 – By J. Tackaberry and A. Marriott

 

For further reading the following books are recommended:-

 

(i)     Commercial arbitration – Sir M.J. Mustil and S.C. Boyd.

(ii)    Arbitration Practice and Procedure – D. Mark Cato

(iii)   Arbitration Act 1996 – An Annotated Guide – Merkin

(iv)   Costs in Arbitration proceedings – Michael O’ Reilly

(v)    Arbitration Act 1996: A Commentary – Harris, Planterose and Tecks)

(vi)   Arbitration Act 1996 – Rutherford & J. Simms

 

 

Most of the books are available at the Branch Reference Library and candidates may use the library during normal working hours. [* Kindly make prior booking with the Secretariat officials for access to the Library.]

 

Programme

 

The Program for this Module is attached.

 

Tutorial Fees

 

The Tutorial fee is Kshs 44,000/= which includes the course materials, coffee/tea and lunch. The fee can also be paid by instalments provided the first instalment of Kshs 22,000/- is received on or before the closing date of Friday 27th July, 2019 and the balance paid in full before Friday 30th August, 2019. Extra cost for postage or delivery of the materials before course commencement will be borne by the participants.

 

Examination Fee

 

The examination fee is Kshs 20,500/= which can be paid in installment as long as the full amount is paid Friday 8th November, 2019. This being a membership examination, participants will be required to have regularized their membership before sitting for the examination.

 

 

Venue

 

The Tutorials will be held at Royal Tulip Nairobi.

 

Frequently Asked Questions

  • The date set for the examination is not convenient, may I suggest an alternative?

Unfortunately it is not possible for candidates to take this examination on different days.  Remember, the examination is done world-wide at the given dates each year.

 

  • May one be allowed to use a laptop at the examinations?

Candidates may use their laptops at the examination provided that they follow the invigilators instructions on use of their laptop. Candidates may prepare their recitals on laptop on receipt of the first stage.

 

  • How are the examinations conducted?

You are asked to attempt the examination in the usual way, using the First Stage to start to draft the Award including:

 

Introductory Paragraphs:-

          The Recital

          The Narrative

          The Issues.

 

The Second Stage and writing of the actual Award should be attempted at an examination centre in the normal time limit of four hours set for the examinations

 

  • What is the difference between the domestic and international examinations?

The domestic examination is based on the Arbitration Act 1996 for England, Wales and Northern Ireland.

The international examination is based on a dispute where the parties are from different jurisdictions, using the UNCITRAL Arbitration Rules.

 

 

Applications

 

Application forms can be obtained from Chartered Institute of Arbitrators (Kenya Branch) office.

 

Application forms together with the requisite course fee must be submitted on or before Friday 30th August, 2019.

 

PROGRAMME – 2019

 

 

Date

 

Particulars

 

Type

 

From time of application  – 14th February

 

Read Module 4 WORKBOOK

& Introductory Course Notes

 

Look at Papers in the case –

Case of Meadowsweet vs Bindweed

 

 

Private study

 

 

Monday 19th Sept

 

Tutorial 1

(6 Hours)

 

Face-to-face

(Examiner)

 

 

 

Look at Example Awards

 

 

Private study

 

Monday 23rd Sept

 

Assignment sent out to participants

 

 

Examiner

 

 

 

 

Preparation of typed Assignment

 

Private Study

 

 

Friday 11th October

 

Submit Assignment

( 20% of final Examination mark)

 

 

Examiner

 

 

Wednesday 23rd Oct

 

Tutorial 2

(6 Hours)

 

 

Face to Face

 

(Examiner)

 

Thursday 21st Nov

 

Module 4 Examinations – Stage 1

 

 

Examination (Exam Admin)

 

 

 

 

Prepare for Final Examination

 

Private Study

 

 

Thursday 5th Dec

 

Module 4 Examinations – Stage 2

(80% of total mark)

4 Hour – Written/ Typed Examination

 

 

Examination

(Exam Admin)

 

  • Please note that you are only required to attend Face to Face Tutorials on the dates given at a Venue to be communicated by the Secretariat

 

  • Other dates are given to assist you in planning your private study.

 

The Chartered Institute of Arbitrators reserves the right to alter the contents of the programme without prior notice.

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Module 4-Award Writing | 19th September

Module 4-Award Writing | 19th September

KShs64,500.00

The Chartered Institute of Arbitrators Kenya Branch has organized the above Module on Award Writing span over four months with two, one-day tutorials to be held at Fairview Hotel Nairobi on:-

 

Tutorial 119th September, 2019

 

Tutorial 2 23rd October, 2019

 

The aim of this module is to provide the formal and substantive requirements of an enforceable reasoned award, and a structure which will help give shape to the reasoning process. The course will be conducted by Tutors who are senior practicing arbitrators from the Branch.

 

Domestic Examination

The domestic examination is based on the Arbitration Act 1996 for England, Wales and Northern Ireland.

 

 

Who should take this module?

 

To participate in this module, you must:

  • be a Member (MCIArb) of the Institute,  and
  • have passed

 

1. or been exempt from Module 1 – the law of contract, tort and evidence at under-graduate level or the examination previously known as Part IIIA, and have passed:

2. Module 2 – the law of arbitration or the CIArb examination previously known as Part IIB;

and

3. Module 3 – Arbitration Practice and Procedure or the CIArb examination previously known as Part IIIB (both papers).

or

4. have passed the Fast Track Assessment.

or

5. have passed the CIArb Diploma in International Commercial Arbitration.

 

The module will be ideal for those members of the Institute who wish to improve and refine their Award-Writing skills even if they do not wish to participate at the exam.

 

This course is a must for those who would like to proceed to do ‘Peer Interview’ and eventually become Fellows of the Chartered Institute of Arbitrators (FCIArb).

 

Intended Learning outcomes:

 

It is intended that the course, which will be practice-oriented and will require active participation by participants, will focus on the process of Award writing and include amongst other subjects the following:

 

  • Purpose of the Award;
  • Legal and Substantial requirements of the Award;
  • Format of the Award;
  • The Reasoning Process;
  • Costs & Interest;
  • Enforcement etc.

 

On successful completion of this module you should be able to: –

 

  • Display a knowledge and understanding of how to write an enforceable, reasoned award that is legally satisfactory, clear, cogent, comprehensive and concise.
  • Demonstrate an intelligent and intelligible use of language, grammatically correct and correctly spelt.
  • Produce an effective, reasoned and enforceable award.

 

Assessment

 

There are two elements of assessment for this module.

  1. 20% Course Work – consists of an assignment to be submitted and marked before the second face-to-face tutorial.

The assignment pass mark is 55%.

 

  1. 80% An award writing examination comprising of a scenario in two parts, the first provided by e-mail approximately ten days before the examination date, the second provided at the beginning of a fixed 4-hour written examination period.

The examination pass mark is 70%.

 

Materials

 

The material consists of a specially written CIArb workbook provided at commencement of the Module after one has completed the application process.

 

 

Additional Reading

 

Statutes

 

(i)        The English Arbitration Act 1996

(A must for those preparing for the Award Writing exam )

 

(ii)       The Kenya Arbitration Act 1995

 

You should at least read one of the following text books: –

 

  1. Russel on Arbitration 22nd Edition – Chapter 6 pages – 228-292 – By D St John Sutton etc.

 

  1. Russel on Arbitration 21st Edition pages – 249-320 – By D St John Sutton etc.

 

  1. Handbook of Arbitration Practice 3rd Edition – Chapter 25 – pages – 225-263 – By Ronald Bernstein etc.

 

  1. Bernstein Handbook of Arbitration and Dispute Resolution Practice – Chapter 25 – pages 343-391 – By J. Tackaberry and A. Marriott

 

For further reading the following books are recommended:-

 

(i)     Commercial arbitration – Sir M.J. Mustil and S.C. Boyd.

(ii)    Arbitration Practice and Procedure – D. Mark Cato

(iii)   Arbitration Act 1996 – An Annotated Guide – Merkin

(iv)   Costs in Arbitration proceedings – Michael O’ Reilly

(v)    Arbitration Act 1996: A Commentary – Harris, Planterose and Tecks)

(vi)   Arbitration Act 1996 – Rutherford & J. Simms

 

 

Most of the books are available at the Branch Reference Library and candidates may use the library during normal working hours. [* Kindly make prior booking with the Secretariat officials for access to the Library.]

 

Programme

 

The Program for this Module is attached.

 

Tutorial Fees

 

The Tutorial fee is Kshs 44,000/= which includes the course materials, coffee/tea and lunch. The fee can also be paid by instalments provided the first instalment of Kshs 22,000/- is received on or before the closing date of Friday 27th July, 2019 and the balance paid in full before Friday 30th August, 2019. Extra cost for postage or delivery of the materials before course commencement will be borne by the participants.

 

Examination Fee

 

The examination fee is Kshs 20,500/= which can be paid in installment as long as the full amount is paid Friday 8th November, 2019. This being a membership examination, participants will be required to have regularized their membership before sitting for the examination.

 

 

Venue

 

The Tutorials will be held at Royal Tulip Nairobi.

 

Frequently Asked Questions

  • The date set for the examination is not convenient, may I suggest an alternative?

Unfortunately it is not possible for candidates to take this examination on different days.  Remember, the examination is done world-wide at the given dates each year.

 

  • May one be allowed to use a laptop at the examinations?

Candidates may use their laptops at the examination provided that they follow the invigilators instructions on use of their laptop. Candidates may prepare their recitals on laptop on receipt of the first stage.

 

  • How are the examinations conducted?

You are asked to attempt the examination in the usual way, using the First Stage to start to draft the Award including:

 

Introductory Paragraphs:-

          The Recital

          The Narrative

          The Issues.

 

The Second Stage and writing of the actual Award should be attempted at an examination centre in the normal time limit of four hours set for the examinations

 

  • What is the difference between the domestic and international examinations?

The domestic examination is based on the Arbitration Act 1996 for England, Wales and Northern Ireland.

The international examination is based on a dispute where the parties are from different jurisdictions, using the UNCITRAL Arbitration Rules.

 

 

Applications

 

Application forms can be obtained from Chartered Institute of Arbitrators (Kenya Branch) office.

 

Application forms together with the requisite course fee must be submitted on or before Friday 30th August, 2019.

 

PROGRAMME – 2019

 

 

Date

 

Particulars

 

Type

 

From time of application  – 14th February

 

Read Module 4 WORKBOOK

& Introductory Course Notes

 

Look at Papers in the case –

Case of Meadowsweet vs Bindweed

 

 

Private study

 

 

Monday 19th Sept

 

Tutorial 1

(6 Hours)

 

Face-to-face

(Examiner)

 

 

 

Look at Example Awards

 

 

Private study

 

Monday 23rd Sept

 

Assignment sent out to participants

 

 

Examiner

 

 

 

 

Preparation of typed Assignment

 

Private Study

 

 

Friday 11th October

 

Submit Assignment

( 20% of final Examination mark)

 

 

Examiner

 

 

Wednesday 23rd Oct

 

Tutorial 2

(6 Hours)

 

 

Face to Face

 

(Examiner)

 

Thursday 21st Nov

 

Module 4 Examinations – Stage 1

 

 

Examination (Exam Admin)

 

 

 

 

Prepare for Final Examination

 

Private Study

 

 

Thursday 5th Dec

 

Module 4 Examinations – Stage 2

(80% of total mark)

4 Hour – Written/ Typed Examination

 

 

Examination

(Exam Admin)

 

  • Please note that you are only required to attend Face to Face Tutorials on the dates given at a Venue to be communicated by the Secretariat

 

  • Other dates are given to assist you in planning your private study.

 

The Chartered Institute of Arbitrators reserves the right to alter the contents of the programme without prior notice.

Category: Tags: ,