The Chartered Institute of Arbitrators is an international centre of excellence for the promotion and facilitation of non-court dispute resolution. Widely regarded as the professional home for all dispute resolvers, CIArb membership supports the professional credibility of 12,000 members across more than 100 countries.

News for Pakistani Arbitration Students

The arbitration bill 2009 was introduced into Pakistani National Assembly in April 2009 is available at http://www.na.gov.pk/govt_bills/arbitration_act2009_270409.pdf once promulgated it will constitute a further step forward in the efforts of the government of Pakistan to build a frame work for investors friendly dispute resolution. The bill also establishes an arbitration and conciliation centre in Pakistan. However the arbitration follows the Indian model and may inherit the same problem that international arbitration committee has faced in india.

This course is must for Pakistani students.

One year Full-Time or Two Years Part-Time:

Course Description:

Manchester College of Higher Education & Media Technology offers the first based post graduate diploma in commercial law and international Arbitration. This is unique programme where student can specialise in one of the following areas of arbitration. Media law, communication, law, international commercial litigation, international construction contracts and arbitration and international comparative commercial arbitration.

The is delivered over one academic year with combination of lectures, face to face tutorials, with online platform and the circulation of CDs and other tangible media. The course consists of series of assignments and examinations. The diploma is aimed at particularly lawyers, barristers, solicitors, in-house advisor, engineers, surveyors, accountants. The diploma is taught by the leading experts in commercial law and international arbitration.

Entry Requirement

1.      Completion of Diploma in Property Law & Practice (Academic stage of council of licensed conveyancers) diploma from ILEX. (Fellowship). or

2.      Law Degree from British or overseas recognised university. or

3.      Membership of professional body e.g. Solicitor, Barrister, Surveyor, Engineer, Accountant.

Fees:

UK & EU students £4,500 International students £6,500 plus membership fee with Chartered Institute of Arbitrators (CIArb) 

Professional Exams’ Exemptions (Subject to validation)

Candidates passing the Diploma paper on International Commercial Arbitration and the module on award writing are exempt from Parts I, II and III of the examinations of the Chartered Institute of Arbitrators (full exemption from the academic stage).

Continuous Professional Development (CPD)

            Students may be able to claim CPDs from their professional bodies on completion of this programme. MCHEMT is in process of seeking approvals from various professional bodies.

The program shall be taught over three semesters.

1.      Students will be required to take following modules.

a.      Introduction to Law of Obligations and Civil Evidence

This module provides candidates with a robust understanding and appreciation of the key, relevant aspects of the local jurisdiction's legal system and approach to obligations and evidence that influence, shape or otherwise have a bearing on how disputes may be treated and resolved according to law.

b.      Introduction to International Arbitration

This module provides candidates with an understanding of the general principles of international arbitration and includes a comparison of the main alternative dispute resolution processes - arbitration, mediation and adjudication.

c.       Commercial Law Written and Oral Advocacy

Commercial Law Written and Oral Advocacy provide students with an interest in international commercial law and international legal practice with the opportunity to develop advocacy skills. The objective of the module is to make participants familiar with the key advocacy skills required to advocate for clients engaging in international commerce.

To achieve this aim, the module covers the fundamental characteristics of written and oral advocacy through the use of written and oral submissions. The module focuses on advocacy theory, advanced brief writing, and the art of oral argument.

Mode of Assessment:

The method of assessment shall be by assignment of 5000 words essay (40%) one written submission (30%) and one oral examination (30%),

Plus one further module from the list below:

a.             Media Law

The aim of this module is to educate students in the law regulating activity in relation to the content provided by the media. The module will cover both general content regulation such as libel, copyright and contempt of court in its application to the media, and sector-specific regulation such as Ofcom regulation of broadcast content. Both legal and extra-legal regulation will be considered, as and where appropriate, as well as the policy decisions and relevant lobbies and concerns which influence the making of laws on culturally sensitive issues such as the regulation of pornography and obscenity, or depictions of violence in broadcast media. Themes such as the protection of children via media regulation will be explored. The module will not be limited in its consideration to only the traditional media - the challenges implications for regulation of the internet and other new media such as mobile television will be an important feature in this module. While UK law will primarily be considered as a case study, relevant laws from other jurisdictions will be discussed as and where appropriate, and students will be encourage to analyse by comparison. Students will not be expected to have any prior knowledge of the areas of legal regulation considered.

The module is divided into three main blocks, dealing with regulation of media content at the level of creation, distribution, and general content laws and regulation.

Creation of Media Content

•          Intellectual Property in Media Content

•          Reporting Restrictions and the Media

Distribution of Media Content

•          Broadcast Media Regulation

•          Media Ownership & Competition

•          Libel

•          Contempt of Court

•          Protection of journalists' sources

•          Confidentiality & Privacy

•          Distributing the Media's Intellectual Property ( ©, TM, Licensing media content, use and onward use; publicity rights)

Regulation of the Media

•Blasphemy, Obscenity, Indecency, Classification

•PCC & Press Regulation

•Advertising

b.            Communications Law

Communications Law examines the international trend away from national monopolies in telecommunications and broadcasting towards competition in a regulated and increasingly international market. The principles underlying this process of liberalisation and regulation are elucidated and explained in this module, as well as the legal structures and arrangements, both in the UK, Europe and internationally, which control the provision of telecommunications and broadcasting equipment, networks and services. In particular, the module will concentrate on the licensing and other regulatory regimes of telecommunications and broadcasting infrastructure and service provision and the competition, contractual and regulatory issues that arise from the need to interconnect communications networks.

Outline:

•          Telecommunications and Broadcasting Technology and Services

•          Regulating Communications

•          The Economics of Telecommunications Regulation

•          Competition Law

•          European Communications Law

•          Authorization& Licensing

•          Access and Interconnection

•          Communications Contracts I: Access and Interconnection

•          Communications Contracts II: Capacity

•          Communications Contracts III: Outsourcing

•          Universal Service, 'Must Carry' & Consumer Protection

•          International communications Law

•          Convergence

Method of assessment would be two written assignments of 5000 words each.

SEMESTER 2 

Module 3 - Practice, Procedure, Drafting and Deciding

This module provides candidates with detailed knowledge of and guided practice in the main procedural elements involved in a commercial arbitration, so that successful candidates are proficient in giving independent advice on the process and drafting as professional advocates or arbitrator.

This module focuses on the process, key documents and procedures in a modern, commercial arbitration.

Students may select any one module from the following list:

a.      INTERNATIONAL COMMERCIAL LITIGATION

The objectives of the module are to examine the general principles of English Conflicts of Laws rules as they relate to litigation arising from commercial agreements. The module involves a detailed exploration of matters relevant to all commercial transactions, including choice of law, the jurisdiction of the English courts over international contracts, and the recognition and enforcement of foreign judgments and awards. The significant impact of EU-generated rules on the conflicts process is examined in depth.       

Outline:

Introduction

•          International commercial litigation in context: basic concepts, strategies and techniques.

•          Consecutive stages of proceedings; classification; substance and procedure; limitation statutes.

•          Obtaining evidence; Discovery.

Part I:   Jurisdiction and Recognition and Enforcement of Foreign Judgements

1.         Jurisdiction of English courts: Presence; Submission; Effectiveness. Extended jurisdiction.

2.         Staying of actions; Restraining Foreign Proceedings

3.         Foreign Judgments: Recognition and Enforcement at Common Law

4.         Jurisdiction and Judgments in the EU and EFTA: Civil Jurisdiction and Judgments Acts 1982 and 1991: Brussels and Lugano Conventions; Brussels I Regulation.

5.         Forum selection: jurisdiction clauses; arbitration clauses.

Part II: The module and conduct of commercial litigation in England

 A.        Some characteristics of the English process

1. .            Pleading, proof, application and exclusion of foreign law.

2.              Special remedies: Mareva and Anton Piller orders.

B.         Choice of law in commercial transactions

1.          Governing law clauses: common law rules; Rome Convention. Party autonomy and its limits.

2.          The law governing the contract in the absence of choice by the parties: the Common Law and Rome Convention rules compared and contrasted.

 Part III:          International Sales

1.          Determining the governing law of sales contracts.

2.          Special aspects of export sales: CIF and FOB contracts; ULIS and CISG.

 Part IV: Financial aspects

1.           Payments problems in an international context: currency clauses; foreign money obligations; judgments in foreign currency.

2.          Exchange controls; banking transactions; letters of credit.

Method of assessment would be 50% by written essay and 50% by written examination.

B.      International Construction - contracts and arbitration

This series of seminars will first examine in detail the nature of international construction contracts which may be taken as typical of many complex long-term commercial contracts. It will look particularly at the processes by which they come into being - eg the procurement methods of the World Bank and those derived from European Directives on Public Works. International construction contracts have by their nature special features which affect the methods of resolving disputes arising from them. The law applicable to construction contracts and to related arbitration agreements will be discussed.

The seminars will continue with an analysis of typical construction contracts, the parties to them, their structure, and the types of disputes that arise under them. For this purpose reference will be made to typical forms of construction contracts eg the FIDIC Conditions in their three primary forms, as well as to standard forms such as those promulgated by the EDF under the Lomé Conventions and by the Japanese Engineering Advancement Association. New forms of contractual arrangements will be covered, eg Build-Operate-Transfer, the uses of which have considerable implications in both developed and developing countries. Attention will also be given to the role of the Engineer and other intermediaries. Some issues that commonly arise in all jurisdictions will be surveyed, e.g. the doctrines of frustration/force majeure and (in French law) imprévision.

In the second term the module will consider in depth the main legal, economic and practical provisions which affect the arbitration of international construction contracts: how an arbitration concerning an international construction contract is constituted, points relating to the appointment of arbitrators, how preliminary objections and questions as to jurisdictions may be dealt with, how the proceedings are conducted, what an arbitral tribunal should do (and not do) and how the award should be expressed. Arbitration under various systems will be considered (e.g. UNCITRAL). The principal standard forms of contract have favoured the use of the Rules of Arbitration of the International Court of Arbitration of the International Chamber of Commerce. Arbitration under those Rules will be specifically examined as the normative model but the UNCITRAL rules and those of other bodies, e.g. the London Court of International Arbitration and the American Arbitration Association will also be studied. Sessions will also be devoted to interim arbitration, alternative forms of dispute resolution and the important question of multi-party arbitration.

            Method of assessment would be 50% by written essay and 50% by written examination.

SEMESTER 3

1.      Award Writing (Arbitration)

This module provides candidates with sufficient knowledge of and practice in all the requirements for the writing of a final, reasoned and enforceable arbitration Award in a commercial dispute.

On successful completion of this module, candidates will be able to demonstrate in-depth knowledge and understanding of what is involved in writing an enforceable Award, practical skill in writing a formal document that is legally satisfactory, clear, cogent, comprehensive and concise and skill in evaluating evidence, distilling issues from submissions and deciding issues by applying legal principles to facts.

Out Line

•           Purpose of an Award

•           Difference between Orders & Awards and between Awards & Judgments

•           Legal and Substantive Requirements (Form of Award, Seat)

•           Legal Framework for the Dispute (Arbitration Agreement, Law of the Contract, Law of the Arbitration)

•           Procedural Matters

•           Writing in Plain English

•           The Reasoning Process (Reasons, Telling the Story, Understanding Evidence, Deciding)

•           Structure of an Award

•           Writing an International Award (Particular Requirements, Applicable Laws, Procedural Compliance, Reasoning)

•           Formalities

•           Costs and Interest

•           Notification of an Award

•           Enforcement

Method of assessment.

This module is to be assessed in two elements:

•           Written assignment (30%)

•           4 hour open book examination (70%)

The examination is open book with no restrictions, which means candidates are permitted to take any materials they wish into the examination. The examination consists of a final award submitted on a dispute presented in a scenario two weeks before the examination. The pass mark for this module is 50% which must be achieved in both the examination and the overall module. Plus all the necessary requirements for enforcement in the examination must be adhered to.

Candidate may follow a pathway to for a award for Masters Degree in commercial law and arbitration by submitting a desitation of 15,000 words.