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Develop Your Skills in Commercial Arbitration
With the Endorsement of the Most Important International Fellowship
The first of its kind in the region, this qualification program offered by the Saudi Center for Commercial Arbitration Academy and the Chartered Institute of Arbitrators (CIArb) equips you with the knowledge and skills needed to manage international commercial arbitration cases and write awards.
The program consists of three modules:
Module 1: Law, practice, and procedure of international arbitration (three months).
Module 2: The law of obligations (five months).
Module 3: Evidence, decision-making, and award writing (three months).
Those who successfully complete the program are eligible for two grades of CIArb membership:
Membership (MCIArb): After successful completion of Module 1.
Fellowship (FCIArb): After successful completion of Modules 2 and 3.
Those admitted to CIArb join a professional network of arbitration practitioners that includes more than 17,000 members in 139 countries. The Fellowship Program is offered through the 42 CIArb branches around the world. The SCCA Academy is CIArb’s partner in implementing this program for the first time in Saudi Arabia, in both Arabic and English.
CIArb is a prestigious non-profit, professional organization more than 100 years old. It is concerned with promoting the knowledge and practice of alternative dispute resolution at the international level through the series of training programs it offers through its branches around the world.
Law, practice, and procedure of international arbitration
This module focuses on providing candidates with knowledge of the principles and practice of international arbitration. It is therefore the starting point for anyone who wants to get started in arbitration or is involved in arbitration cases as a party, representative of a party, witness, or expert.
Objective
To understand international arbitration procedures and be able to employ legislation and regulations based on the UNCITRAL Model Law on International Commercial Arbitration and the UNCITRAL Arbitration Rules.
Learning Outcomes
Awareness of the meaning of international arbitration.
Familiarity with the principles, rules, and agreements for the practice of arbitration, and the ability to apply them.
Understanding of the legal basis of arbitration.
Understanding of the contractual nature of arbitrator appointments.
Understanding of the arbitrator’s powers and functions.
Understanding of the rights and duties of the parties to arbitration cases.
Understanding of the relationship of the courts to arbitration proceedings.
Understanding of the requirements for the enforcement of arbitral awards.
Ability to apply the principles and legal requirements of arbitration.
Ability to apply the provisions of the UNCITRAL Model Law on International Commercial Arbitration.
An introduction to dispute resolution, the most important forms, and the advantages of each.
The evolution of arbitration in both statute and practice, and the international basis for the codification of arbitration practices, including the New York Convention and the UNCITRAL Model Law and Arbitration Rules.
Familiarization with the New York Convention, the UNCITRAL Model Law, the UNCITRAL Arbitration Rules, and their most important provisions on international arbitration cases.
The state of ADR in various regions of the world, the effect of religion, and a look at a range of legal doctrines related to ADR.
The freedom allowed to parties to choose the rules governing the arbitration process, in particular the applicable law, the venue, the rules, etc.
Requirements for drafting a valid arbitration agreement and how proceedings are commenced in a dispute.
The characteristics of an effective arbitrator, the process of appointing arbitrators, and how arbitrator fees are determined and distributed between the parties.
Independence and neutrality, jurisdiction and authority, duties and procedural options.
Pleadings, documents, evidence, and applications to the arbitral tribunal.
Delivery Method and Duration
Three months of self-study interspersed with a tutorial at the end of each month of the course. In the tutorial, participants will meet with the tutor to review the material, share what they have learned, respond to problems, and find solutions.
Assessment
There will be a remotely administered written exam. Candidates must begin the exam within five days after it is uploaded to the learning platform and will have 48 hours to complete it. Exam results will be sent to candidates 12 weeks after the date of the exam.
Admission Requirements
There are no prerequisites or requirements to enroll in Module 1.
Results of successful completion
After passing Module 1, candidates will be eligible for:
A completion certificate issued by CIArb.
CIArb membership at the MCIArb grade.
Listing in the SCCA Arbitrator Roster if they meet the other admission criteria.
The Law of Obligations
If you want to expand your legal knowledge and have never studied law, this Module gives you an understanding of the principles of the law of obligations governing commercial contracts and the disputes that arise from them. This Module is also appropriate for anyone involved in commercial dispute resolution or interested in becoming qualified arbitrators, members of an arbitral tribunal, or mediators in commercial disputes.
Objective
To understand the principles of the law of tort and contract law, in both common law and civil law, and their relationship to the emergence and resolution of disputes.
Learning Outcomes
Knowledge of the sources of law and how to use them in common and civil law.
Knowledge of the nature and significance of different types of obligations.
Ability to apply remedies for tort liability.
Ability to analyze problems using contract law and the law of tort.
Legal schools in the present day, a historical overview of the evolution of common law and civil law, the differences between the two, and sources of national and international law.
The law of the contract, offer and acceptance, consideration and compensation, and intent to establish a legal relationship.
Express and implied terms and exclusions.
Fraud, error, unlawfulness, coercion, good faith, and unfairness.
Consequences of the dissolution of a contract and the civil law and common law perspectives in this regard.
Compensation, assessment of compensation, extent of damage, quantitative valuation, duty to mitigate, etc.
Key aspects of tort liability, negligence, duty of care, and economic loss.
Definition, abuse of power and default, alternative remedies, etc.
Economic loss, misstatement, and trauma.
Test of the breach, special rules on the standard of care, and the res ipsa loquitur standard.
Principles of causation, analyzing the test of the extent, and explaining the theory of new overlapping actions.
An explanation of the two concepts and a look at a number of related laws.
Definition of the concept, clarification in the context of work, and a look at a number of relevant laws.
The elements of nuisance, defenses, compensation, infringement on the ground, and a look at several relevant laws.
Explanation of the concept, the scope of occupier’s liability in English law, breach of duty, and exemption from liability, with a look at other relevant laws.
Delivery Method and Duration
Five months of self-study interspersed with a tutorial at the beginning of each month. In the tutorial, participants will meet with the tutor/trainer to review the material, share what they have learned, respond to problems, and find solutions.
Assessment
There will be a remotely administered written exam. Candidates must begin the exam within five days after it is uploaded to the learning platform and will have 48 hours to complete it. Exam results will be sent to candidates 12 weeks after the date of the exam.
The exam questions are divided into two sections:
Contract: Accounts for 65% of the total.
Tort liability: Accounts for 35% of the total.
Admission Requirements
Successful completion of Module 1 of the Fellowship Program.
Results of successful completion
After passing Module 2, candidates will be eligible for:
A completion certificate issued by CIArb.
Continuation to Modules 3.
Evidence, Decision-Making, and Award Writing
This Module addresses the issues that must be decided in an arbitration case; how submissions, documents, and evidence presented by the parties are handled and evaluated, and how the provisions of the law are applied to them; and arriving at a conclusion and drafting an arbitral award.
Objective
For the candidate to acquire the skills to consider, understand, and evaluate evidence; analyze testimony and evidence; come to a conclusion; and draft a final, reasoned, and enforceable arbitral award in accordance with the UNCITRAL Model Law on International Commercial Arbitration.
Learning Outcomes
Ability to study and evaluate evidence.
Ability to identify and rule on the subject of the dispute.
Skills for drafting arbitral awards.
Ability to understand the operative part of an award.
Ability to assess the costs to be borne by the parties, and to determine the arbitrators’ fees and expenses.
Ability to write a complete, enforceable arbitral award.
Purpose, types, evaluation, and rules of evidence.
Burden of proof, application of burdens, standard of proof, and proving facts in the absence of evidence.
Legal professional privilege, restrictions on privilege, written evidence, and disclosure of documents.
Witness testimony, questioning, and expert witnesses.
Purpose and requirements, issues for consideration, reasoning and decision-making, award structure, award form, and publishing of the award.
Delivery Method and Duration
Three months of self-study interspersed with a tutorial at the beginning of each month. In the tutorial, participants will meet with the tutor to review the material, share what they have learned, respond to problems, and find solutions.
Assessment
Candidates will be tasked to write a full-fledged arbitral award within 48 hours based on the Arbitrator’s notebook, which will be presented on the day of the exam. Candidates must score 70% or higher on both substance and procedure to pass the Module. The exam results will be sent to candidates 12 weeks after the date of the exam.
Admission Requirements
Successful completion of Module 2 of the Fellowship Program or submission of an exemption certificate.
Minimum 5 years of working experience.
Results of successful completion
After passing Module 3, candidates will be eligible for:
A completion certificate issued by CIArb.
CIArb membership at the FCIArb grade.
Listing in the SCCA Arbitrator Roster if they meet the other admission criteria.
If you have an academic credential in law or Sharia or have a law license, you may request an exemption from Module 2. You will have to pass an exemption test that assesses your knowledge of the law of obligations, contract law, and the law of tort.
The 90-minute, multiple-choice test covers contract law and tort liability. It is offered electronically, and if you pass you can receive your exemption certificate electronically. If you do not pass, you will have to take Module 2.
The program consists of self-study with a tutorial at the end of each academic month, in which the course supervisor meets with the candidates to review the material, share what they have learned, respond to problems, and find solutions. Attending these tutorials is important because they enrich the candidates’ knowledge and consolidate learning outcomes.
Joining this program will bring you many benefits, including:
A completion certificate issued by CIArb for the entire Fellowship Program or one of the modules.
CIArb membership at the MCIArb or FCIArb grade.
Listing in the SCCA Arbitrator Roster if you meet the other admission criteria.
The program is presented in two languages, Arabic and English.
There is no difference at all in terms of either the content or the graduation certificate.
The program takes a self-study approach, giving candidates the freedom to arrange their study time to suit their daily schedule, but there is also a tutorial at the end of each academic month. In the tutorial, the candidates meet with the course supervisor to review the material, share what they have learned, respond to problems, and find solutions. Attending these tutorials is necessary to enrich the candidates’ knowledge and consolidate learning outcomes.
The program lasts 11 months across three modules, as follows:
Module 1: Three months.
Module 2: Five months.
Module 3: Three months.
If you have an academic credential in Sharia or law, or you have a law license, you can skip Module 2 and move on to Module 3 immediately if you pass the Module 2 exemption test.
