Level 7 Diploma in International Arbitration Law and Practice

6 Months

Overview

The rise of international commercial arbitration has been unprecedented due to the global rise in international trade and cross-border commerce. Arbitration is now widely recognised as the foundation for the promotion of international trade and commerce by providing a mechanism for the resolution of disputes in a final and binding nature. Decisions from arbitration or “arbitration awards” are enforceable in vast jurisdictions due to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards also known as the “New York Convention” which was promulgated in 1958. Additionally, the efforts in promoting arbitration are attributed to the United Nation’s UNCITRAL which has over the years being the forefront of global initiatives for the betterment of the use and conduct of arbitration. Among others, UNCITRAL has introduced the Model Law on International Commercial Arbitration and Rules of Arbitration.

The Level 7 Diploma in International Arbitration Law & Practice is a postgraduate qualification at Master’s level (Level 7). It is a qualification recognised and regulated by the Office of Qualifications and Examinations Regulation (Ofqual) of England.

In addition, England-recognised qualifications currently have reciprocal recognition with the European Qualifications Framework (EQF) enabling the mobility of learners and workers and the recognition and transferability of their qualifications.

Summary key facts of the L7 Diploma in International Arbitration Law & Practice

Format:

Online (distance learning). Optional in-person seminars may be offered through local arrangements in some geographical locations.

Tuition fees:

£2,500

Course duration:

3-6 months

Recognition

The Office of Qualifications and Examinations Regulation (Ofqual) England

Level of qualification

Level 7, Master’s level

Annual start dates:

1 January, 1 April, 1 July and 1 October

Application deadline:

14 days before the course start date

Time commitment:

Approximately 10-20 hours per week

Why the qualification and who is it for?

Professionals in the field of international arbitration use their theoretical and practical understanding of law and business to resolve conflicts through arbitral proceedings.Developing practitioners is the goal of this program of study, which calls for the application of judgment and award-writing abilities as well as the study of theory and information. Additionally, the course aims to produce professionals who may act as arbitral tribunal members, process support staff, or representatives of a party in dispute arbitration.

The qualification is also vital in equipping those coming from various legal jurisdictions to gain a qualification that enables them to have the knowledge and skills to be involved in international dispute resolution proceedings.

This course is for: those who aspire to obtain professional qualifications in arbitration, with a focus on arbitrators, arbitral tribunal secretaries, managers of arbitration centers, financial, corporate, and commercial executives, as well as technical sector experts like architects, quantity surveyors, insurers, engineers and maritime/shipping professionals.

Study Units

There are three compulsory units:

Law of Arbitration
Arbitration Practice and Procedure
Arbitration Awards and Award Writing

Unit:

Level

Credit Value

Law of Arbitration

Arbitration Practice and Procedure

Arbitration Awards and Award Writing

The unit summary for each learning unit is as follows:

Law of arbitration:

This unit is a study of the principles of law in international commercial arbitration. Learners will examine the legislative framework based on the UNCITRAL Model Law on International Commercial Arbitration (“UNCITRAL Model Law”) which is a widely adopted legislative framework for international commercial arbitration.
Learners will examine the fundamental legal theories and issues about international commercial arbitration and be able to effectively explain, interpret, do a comparative study, render opinions and apply such knowledge in a professional setting. In addition, the learner will also be able to explain the different instruments promulgated by UNCITRAL in connection with international arbitration.
This unit will explore the right to arbitrate as created in the arbitration agreement. Various issues will be examined that relate to the effective function of the agreement. Different scenarios and circumstances that affect the agreement will also be examined including multiparty agreements, investment treaties, and tribunal fees.

Arbitration Practice and Procedure:

This unit will cover the commencement of arbitral proceedings and examine the issues associated with the formation of the tribunal and the establishment of the seat of law. The various forms of tribunal will be introduced together with the requirements for expertise and independence.
The duties and powers of the tribunal will be examined including those duties imposed by law and those established in the arbitration agreement. Learners will also develop an understanding of jurisdictional matters and ethical considerations in the conduct of the arbitration.
This module will explore the issues associated with the conduct of an arbitral process. The process of events from the initiation of the dispute, through various stages with formal and informal activities will be examined. Learners will develop an understanding of how to collect evidence in the process in its various forms.
Learners will be introduced to the conduct of a hearing through role play. They will also begin the process of understanding how to weigh evidence when working toward a decision in a dispute.

Arbitration Awards and Award Writing

This unit will allow the examination of the issues related to making a valid award. It will define an award and how to evaluate its effectiveness. Various types of awards will be considered together with the circumstances where they would be suitable. The different types of remedies that can be included in an award will be explored. The costs of the parties to the dispute and how they can be dealt with in the award will also be discussed.
Learners will also be introduced to the various challenges that can be made to an award and consider the issues of publication and enforcement.
The further aim of this unit is to allow learners to develop the ability to write reasonable and rational awards based on information provided about a dispute that has been referred to an arbitral process for resolution. Learners will develop an understanding of the essential requirements of an award and the process of deciding the outcome of a dispute. They will develop skills of analysis in the determination of the principal issues involved in the dispute, together with skills of judgment in weighing the evidence before them. They will also demonstrate the ability to communicate their thinking through publishing the award.

Entry requirement

Prospective learners should satisfy one of the following criteria:

UK Level 5 (diploma) qualification or its equivalent with a minimum of eight years of relevant work experience
Level 6 (undergraduate) qualification its equivalent in law.
Level 6 (undergraduate) qualification or its equivalent in banking, business, accounting, engineering or a related discipline with five years of relevant work experience.
Professional qualification in dispute resolution.

Applicants who do not possess the above qualification may be considered on a case-to-case basis according to Recognition of Prior Learning (RPL) however please allow up to 3 months for the application to be processed.

Application Process

Prospective learners would be required to apply as follows:

Complete the online form:
Attached latest copy of CV
Make an online payment for a non-refundable fee £30 if unsuccessful but will be deducted from the course fee is admitted.

LSADR reserves the right to verify the information provided. We also reserve the right to reject any applications which are incomplete or if false information has been submitted.

Assessments

Learning will be assessed according to a Portfolio of Evidence which will be graded “Fail, Pass, Merit or Distinction”

The curriculum is set up to support a portfolio approach to continuous assessment. Learners will study modules and develop a portfolio of evidence. Each module will have milestones where formative assessment is provided, and learners can then continue to work on their portfolios before a final submission at the end of the module.

For each module, an assessment grid is provided indicating the learning outcomes to be achieved and the evidence required to support their attainment. This grid contains evidence requirements for grading at Pass, merit or Distinction. The criteria are cumulative, to achieve a Distinction grade a learner must satisfy the criteria for both a Pass and for a Distinction.

To achieve a Pass in a module, a pass grade must be attained for all learning outcomes. The overall grade for each module will be determined by the predominant attainment in each of the learning outcomes. For example, most modules have six learning outcomes so if four are attained at Distinction, then a Distinction grade is the outcome. If the outcome is that three learning outcomes are graded Pass and three at Distinction, then a Distinction for the module would be awarded.

For the diploma to be awarded, a pass grade must be achieved in all modules. The overall grade for the diploma will be determined based on the predominant outcome for each of the modules. There are three modules, so to achieve a distinction, at least two modules must be graded at distinction.

(NOTE: THIS ABOVE IS TAKEN FROM SEG DOCUMENT)

£2,500.00