International Fellowship in Commercial Arbitration

Tutorial Dates:

Virtual tutorials are held on the dates below at the start time of 1:00 PM KSA:

- Tutorial 1: Part 1: 01/12/2024 & Part 2: 02/12/2024

- Tutorial 2: Part 1: 05/01/2025& Part 2: 06/01/2025

- Tutorial 3: Part 1: 02/02/2025& Part 2 03/02/2025

- Examination: 13/03/2025

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.

Content:

1 Evidence:

Purpose, types, evaluation, and rules of evidence.
2 Evidence: Burden and standard of proof:

The burden of proof, application of burdens, the standard of proof, and proving facts in the absence of evidence.
3 Evidence: Confidentiality and disclosure:

Legal professional privilege, restrictions on privilege, written evidence, and disclosure of documents.
4 Evidence: Witnesses:

Witness testimony, questioning, and expert witnesses.
5 Arbitral award:

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.

Trainer

Dr. Mohamed Raffa

Member of The London Court of International Arbitration (LCIA).
Member of Advisory Councel, PRIME Finance, The Hague.
A Founding Partner of Raffa Ebeid & Cartoni law firm.
Fellow of The Chartered Institute of Arbitrators (FCIArb).