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Diploma in Arbitration Syllabus

The syllabus outlines the topics to be covered in the ICLP Diploma in Commercial Arbitration program, which is divided into five parts. Part A provides a general introduction to legal principles for non-lawyers. Part B covers arbitration law and procedure, including drafting arbitration agreements and clauses. Part C discusses features of international arbitration. Part D focuses on construction arbitration. Part E addresses pleadings, award writing, and related arbitration processes. The program aims to equip participants with the knowledge and skills relevant to commercial and construction arbitration practice.

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187 views2 pages

Diploma in Arbitration Syllabus

The syllabus outlines the topics to be covered in the ICLP Diploma in Commercial Arbitration program, which is divided into five parts. Part A provides a general introduction to legal principles for non-lawyers. Part B covers arbitration law and procedure, including drafting arbitration agreements and clauses. Part C discusses features of international arbitration. Part D focuses on construction arbitration. Part E addresses pleadings, award writing, and related arbitration processes. The program aims to equip participants with the knowledge and skills relevant to commercial and construction arbitration practice.

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Best Lands
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SYLLABUS OF THE ICLP DIPLOMA IN COMMERCIAL ARBITRATION-2015/2016

PART A:
General Principles of Law – (for non Lawyers)

i. Principles of Law and General Concepts for non lawyers


ii. Law of Contract
iii. Law of Delicts
iv. Law of Evidence, with particular reference to arbitration proceedings
v. Banking Concepts & Credit facilities, recovery
vi. Insurance

PART B:
Arbitration Law and Procedure

a) The Arbitration Agreement and Important Clauses:


i. Law Governing the Arbitration
ii. Rules of Arbitration
iii. Drafting of Arbitral Clauses
iv. Ad hoc Arbitration Clauses and Submission Agreements
v. Place of Arbitration and Language
vi. Why Commercial Arbitration?
vii. Party Autonomy
viii. The Law Applicable to Arbitration in Sri Lanka
ix. The powers, duties and jurisdiction of an Arbitral Tribunal
x. Difference between Institutional and Ad Hoc Arbitration –
Comparison of Arbitration held under the ICLP Arbitration Centre Rules of Sri
Law and Ad Hoc Arbitration
xi. ICLP Expedited Rules and ICLP Code of Ethics for Arbitrators
xii. Establishment & Organization of Arbitral Tribunal and Administration of the
arbitration
xiii. Appointment and Qualification of Arbitrators
xiv. The Role of Arbitrators
xv. Powers and Duties of Arbitrators
xvi. Misconduct of Arbitrators and Removal and or Resignation of Arbitrators
xvii. UNCITRAL Modern Law UNCITRAL Arbitration Rules
xviii. Leading International Arbitration Institutions and their Rules
ICC , SIAC, AAA, LCIA and International Centre for Settlement of Investment
Disputes (ICSID) Rules

b) Procedure:
i. The Conduct of Arbitration Proceedings
ii. Expedited Rules of ICLP Arbitration Centre
iii. Multi Party Arbitration
iv. Conflict of Laws
v. Arbitration Act No. 11 of 1995
vi. The Judiciary and the Arbitral Process with special reference to
a. Constituting the Arbitral Tribunal
b. Implementing the Arbitration Agreement
c. Grant of Interim Measures
d. Recognition and Enforcement of the Arbitral award
1
c) Specialized Arbitral Tribunals:
i. Maritime Arbitration
ii. Construction Arbitration in general
iii. Banking Arbitration
iv. Arbitration of Intellectual Property Law Disputes
v. Online Dispute Resolution
vi. Insurance Arbitration

PART C:
General Features of International Arbitration

i. Important Principles Applicable to International Arbitration


ii. International Contracts
iii. International Jurisdiction and “Forum Shopping”
iv. “Forum Non Convenience”
v. Choice of Law Issues
vi. Proper Law of Contracts
viii Enforcement of Foreign Judgments,
ix Recognition and enforcement of foreign Arbitral Awards, Setting aside of
awards,
x New York Convention of Recognition and enforcement of foreign awards of 1958
xi Foreign Investment Agreements and enforcement of awards

PART D:
Construction Arbitration

i. Construction Contracts
ii. Adjudication Procedure under FIDIC Conditions
iii. Construction Arbitration

PART E:
Pleadings and Award Writing

i. Reference to Arbitration & Drafting of Statement of Claim


ii. Drafting Terms of Reference
iii. Drafting of Statement of Response
iv. Pleadings - Applications to High Court - Supportive Role of High Court
(Appointment of Arbitrators, Summons, Witnesses & Evidence etc
v. The Award – form, content, types and delivery
vi. Writing an Enforceable, Reasoned Award
vii. Drafting of Enforcement Application
viii. Drafting of Application to set aside awards

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