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CATEGORIES:Course
CREATED:20200916T113725
SUMMARY:Online Fellowship Assessment Course (FAC) 2020
DESCRIPTION:
The Sing
apore Institute of Arbitrators (SIArb) is pleased to announce that a new ed
ition of its Fellowship Assessment Course (FAC) is now open for registratio
n.
*The FAC will focus on teaching candi
dates the practical aspects of acting as an arbitrator. To benefit from FAC, c
andidates should already have a sound grasp of the law of arbitration. <
/p>
SYNOPSIS OF THE COURSE
It
will consist of 6 modules with a total of 9 lect
ures, 6 practical workshops and an Award Writing Examination:
- Module 1 will cover the basic concepts and principles
on the sources of law, the law of contract, the law of tort, and the treatm
ent of evidence. Candidates who have obtained a degree in law from a univer
sity or other tertiary institution recognised by the SIArb (or such other l
egal qualifications as the SIArb may in its absolute discretion accept) are
exempted from Module 1. All other candidates are required to attend Module
1 and attend Practical Workshop 1.
- Module 2
relates to (i) the acceptance of an arbitral app
ointment, covering topics such as conducting conflict checks and making dis
closures before or when accepting an appointment; (ii) dealing with jurisdi
ctional challenges; and (iii) emergency arbitrations.
- Module 3 covers (i) case management in conduc
ting an arbitration; (ii) techniques for controlling time and costs in an a
rbitration; and (iii) drafting procedural orders.
Modu
le 4 covers (i) dealing with inte
rlocutory applications; (ii) drafting discovery orders; (iii) dealing with
costs of interlocutory applications; (iv) dealing with extension of time ap
plications and guerilla tactics; and (v) dealing with preliminary issues.
span>- Module 5 covers the condu
ct of the evidentiary hearing.
- Finally, Module 6 covers the prac
tical aspects of actually writing the Final Award.
- In the Practical
Workshops, Workshop Leaders will address questions from ca
ndidates and show practical examples of an arbitrator’s work product
such as procedural orders, Redfern Schedules, discovery orders and interim
awards. In Practical Work
shop 6, the Workshop Leader will dissect a sample award to
see how it should, or should not, be written.
- In the Award Writing Exa
mination, candidates will write an enforceable final award.
FORMAT AND DELIVE
RY METHOD
Each lecture will be deli
vered online by way of a Zoom webinar recording which can be accessed remot
ely and on demand during the period specified in the Course Schedule below.
Each candidate is required to view each lecture in sequence and in its ent
irety. The first lecture is preceded by an Introductory Video by the Course
Director. The total scheduled duration of all lectures is about 13.5
hours.
Each Practical Workshop will be led by one
or more Workshop leaders in a live interactive class conducted virtually on
the Zoom meeting platform. Each candidate is required to attend the full d
uration of each Practical Workshop, the dates of which are specified in the
Course Schedule below. The total scheduled duration of all 6 Practical Wor
kshops is 8 hours.
The Award Writing Examination is
an open-book examination which will be conducted virtually on SIArb’
s online course portal and/or on the Zoom meeting platform over a period of
3.0 hours on the date specified in the Course Schedule below. Each candida
te is required to sit for and pass this written examination by writing an e
nforceable final award within the time and based on the facts given. &
nbsp;
Each candidate who has been successfu
lly registered for FAC will receive personalised login details to SIArb&rsq
uo;s online course portal to access all reading materials, lectures, presen
tations slides and the online examination as set out in the Course Schedule
.
COMPLETION OF THE COURSE
To complete t
he FAC successfully, a candidate must:
- Achieve 100% attendance at all the
Practical Workshops; and
- Pass the open-book Award Writing Examination.
A candidate who has successfully completed the FAC may, subject to
satisfying other relevant criteria, apply for admission as a Fellow of the
Singapore Institute of Arbitrators.
CRITERIA FOR ADMISSION TO FAC
Admission to the FAC is open to:
- Lawyers with at least 10 years
involvement in litigation/dispute resolution; or who have been active arbi
trators, and can provide documentary evidence of such experience; OR
- Non-lawyers who have at least 10 years of involvement
in dispute resolution or who have been active arbitrators, and who ca
n provide documentary evidence of such experience; OR
-
Those who have successfully completed the International Entry Course conduc
ted by SIArb or such other equivalent course as may be recognised by SIArb.
COURSE SCHED
ULE
Lectures |
| <
p style="text-align: center;">Lecture v
ideos (and the Introductory Video) will be accessible remotely and on deman
d during this self-study period
span> | 9.00am on 18 November 2020 to 6.00
pm on 14 December 2020 |
Pract
ical Workshops |
|
|
Date | Time | W
orkshop |
30 November 2020 | <
td style="border: 1px solid #000000;">
10.30 - 12.00pm
Workshop 1 for Module 1 |
* 11 December 2020 AND/OR 12 December 2020 | 9.00 – 10.00am
10.30 – 11.30pm
12.00 – 1.00pm
1.30 – 2.30pm 3.00 – 5.30pm
5.30 - 6.00pm | Worksh
op 2 for Modules 2
Workshop 3 for Module 3
<
span>Workshop 4 for Module 4
Workshop 5 for Module 5
Workshop 6 for Module 6
Course Director Closing Remarks & Briefing on Online Examina
tion |
*NB: SIArb reserves the right to allocate candidates to such groups for t
he Practical Workshops and to conduct the Practical Workshops on 11 an
d/or 12 December at its discretion. Candidates should ensure they are avail
able for the full day on both dates.
Award Writi
ng Examination | |
Date
span> | Ti
me |
14 December 2020 | 10.00am – 1.00pm |
COURSE CONTENT
Module | Content
| Lecture / Workshop<
/p> | Duration (Hours) |
Introduction | Introduct
ion to FAC and its Objectives | Intoductor
y Video | |
Module 1 | Sources of Law<
/span> - Common Law
- Equity
<
li>Statute- Court system
- Doc
trine of stare decisis
| Lectures 1 | 1.0 |
| Law of Contract <
li>Essential ingredients of a binding and enforceable contract &ndash
; offer, acceptance, consideration, intention to create legal relations- Privity of Contract
- Rules of Interpr
etation of Contracts
- Express and Implied Terms<
/li>
- Assignment and Novation
- Discharge of con
tract by breach
- Remedies for breach of contract
- Damages – liquidated and unliquidated damages; remoten
ess; ordinary and extraordinary damages
| Lectu
re 2 | 2.0 |
| Law of
Tort - What is a tort – difference bet
ween tortious claim and contractual claim
- Nature of vi
carious liability
- Negligence
- Misr
epresentation
- Economic Torts
- Reme
dies
| Lecture 3 | 2.0 |
| Evidence -
What is “evidence”
- Relevance of rules of e
vidence in arbitration
- Burden of proof
-
Standard of proof
- Admissibility versus weight
- Weighing the evidence – relevance and reliability<
/span>
| Lecture 4 | 2.
0 |
<
p> | Review of Module 1 | Workshop 1 | 1.5 |
Module 2 | <
td style="border: 1px solid #000000;">Accepting the Appoin
tment
- Conflict Check – what to look
out for
- IBA Guidelines on Conflict of Interests
- Disclosures
- Verifying Jurisdiction &nda
sh; identifying the arbitration agreement; whether dispute falls within sco
pe of arbitration agreement
- Ascertaining seat; arbitra
l institution; arbitration rules; composition of tribunal; language<
/li>
Dealing with Jurisdictional Challenges
span>
- Doctrine of “competence – competence&rdq
uo;
- Due process
- When and how to d
ecide
Emergency Arbitrations
Lecture 5 | 1.5 |
| <
p>Practical Workshop for Module 2 - Accepting the Appointment and Challenges to Jurisdiction: Practical
exercise
- Q&A on Module 2
| Workshop 2 | 1.0 |
Module 3 | <
td style="border: 1px solid #000000;">Case Management
- First Procedural Meeting – when to hold
one
- Matters to be dealt with at First Procedural Meeti
ng
- Adoption of Rules and Guidelines
- Prague Rules
- IBA Rules on the Taking of Evidence
- Procedural Timetable – How far should it go
- Subsequent procedural meetings
Techniques for Controlling Time and Costs
ICC Report on such techniques
Dr
afting Procedural Orders
How to draft, what to
say
Can procedural orders be appealed against
or set aside and what is the significance of this
Lecture 6 | 1.5 |
| Practical Workshop for Mod
ule 3 - Examples of Procedural Orders to see
how they are written
- Q&A on Modules 3
| Workshop 3 | 1.0
|
Module 4 | Dealin
g with Interlocutory Applications - Common a
pplications to expect - Amendment of pleadings; security for costs; injunct
ions; production of documents
Drafting Dis
covery Orders - Use of Redfern Schedule; How
to draft a discovery order; Costs of application
Costs of Interlocutory Applications - Does the Tribunal have power to award costs on interlocutory applications
- Award now or later
D
ealing with Extension of Time Applications and Guerilla Tactics - How not to breach the rules of natural justice
Dealing with Preliminary Issues<
/p> - Interim and Partial Awards
| Lecture 7 | 1.5 |
| Practical Workshop for Module 4 - Examples of Redfern Schedules to see how they
are used
- Examples of Discovery Orders and Interim Awar
ds to see what they say and how they say it
| W
orkshop 4 | 1.0 |
Module 5 | Conducting the Evidentiary
Hearing - Pre-Hearing Conference – wh
at should be discussed
- Core Bundle of Documents for He
aring
- Privacy of Hearing
- Timetabl
e and Allocation of Time
- Timekeeping – whether o
r not to guillotine
- Opening Submissions
- Calling of Witnesses; Administering Oaths and Affirmations
- Expert Witnesses – how should they and their evidence be
treated;
- Witness Conferencing or “Hot Tubbing&rd
quo; – How is this done; how to prepare for it
- D
ealing with objections during examination of witnesses
- Pitfalls – Entering the arena - what the Tribunal should not do duri
ng the evidentiary hearing
- Closing Submissions<
/li>
- Virtual Hearings
| <
strong>Lecture 8 | 1.5<
/strong> |
| Practical Workshop for Module 5
p> | Workshop
5 | 1.0 |
Module 6 | Writing the Award<
/p> - Time for submission of Award
Parti
al Award or Final Award – e.g. bifurcation; reserving issues of costs
and interest Structure and components of Award
– “Introduction” to “Dispositive”
Dealing with agreed issues framed by parties – Must
Tribunal deal with even the irrelevant ones; Can Tribunal reframe or conso
lidate or depart from them Techniques and tools
for drafting the Award Pitfalls – what t
o avoid in writing the Award Awarding Costs Awarding Interest Scru
tiny by arbitral institution
| Lecture 9 | 1.
5 |
<
p> | Practical Workshop for Module 6
- Dissecting a sample Award to see how it should (or should
not) be drafted
| Workshop 6
p> | 2.5 |
| Course Director’s Closi
ng Remarks |
| |
Conclusion | Award Writing Examination |
p> | 3.0 |
COURSE FACULTY
- Chia Chor Leong (Course Director)
<
li>Samuel Chacko- Remy Choo
- Delphine Ho
- Edmund Krone
nburg
- Johnny Tan
- Toh Chen Han
For more details about our Course Faculty, please click HERE.
TECHNICAL REQUIREMENTS
To properly parti
cipate in this online course, you will require the following which must be
put in place before the Tutorials and Online Examinations (no exceptions wi
ll be entertained) :
- A
laptop or computer (as typing will be required during the Tutorials and ex
aminations, accessing via mobile phone or other mobile devices is not encou
raged)
- Stable Internet ac
cess from the same laptop/computer– a wired connection is recommended
(this is especially important for taking the online written assessment)
- An Internet browser on the
same laptop/computer
- A vi
deo camera (either external or built-in to your laptop or computer) to part
icipate in the video Tutorials and Online Examination
- Zoom Client for Meetings
If
you have not used Zoom before, clicking HERE to download the latest version
for security reasons. Even if you already have Zoom installed, we recommen
d that you check to ensure you have updated to the latest version due to fr
equent security upgrades and to ensure that your laptop/computer meets the
minimum requirements for the use of Zoom.
IMPORTANT NOTES
<
ol>Acceptance or rejection of an applicati
on for admission to the FAC is at the sole discretion of SIArb.Closing date is 23 November 2020. Placement
is on a first-come-first-served basis.Registrations received on or before the closing date are confirmed upon R
ECEIPT OF FULL PAYMENT.SIArb reserves
the right to change the content of the programme and/or the facilitators w
ithout prior notice. SIArb is committed to staging a successful programme.&
nbsp; However, we reserve the right to cancel the programme in which case r
efunds will be given, but otherwise, no refunds will be made for cancellati
ons or no-shows by those who registered.SIArb reserves the right to change the venue or amend any of the other d
etails published.By completing this f
orm, you fully consent to the collection, use and disclosure of your person
al data as appears in any form, document or electronic template, by SIArb.<
/li>FEES & REGISTRAT
IONS:
Click HERE to download brochure.
Member or Associate Me
mber of SIArb | Non-Member |
$2,900 (All Modules (including
Award Writing Exam) | $3,200 (All Modules (including Award Writing Exam)
|
$2,300 (Modules 2,3,4,5 & 6 (including Award Writing Exa
m) |
$2,600 (Modules 2,3,4,5 & 6 (including Award Writing Exam) |
For further enquiries, please contact the Singapore Instit
ute of Arbitrators
Tel: (65) 6551 2785 Fax: (65) 6225 9426 &n
bsp; E-mail: This em
ail address is being protected from spambots. You need JavaScript enabled t
o view it.
REGISTRATION
, REFUND & CANCELLATION POLICY
- Places are
limited and can only be allocated in order of priority upon receipt of regi
stration and any payment due.
- SIArb reserves the&n
bsp;right to update or amend the details of the programme and/or
the names of Course Faculty without prior notice.
- SIArb will not entertain any request for a refund of fees.
- <
span style="font-family: arial, helvetica, sans-serif;">We reserve the
right to refuse to register or admit any participant, and to cancel or post
pone the Course.
- By completing this form, you fully co
nsent to the collection, use and disclosure of your personal data as appear
s in any form, document or electronic template, by SIArb. [CLICK
HERETO READ OUR PRIVACY
POLICY]
CONTACT:SIArb Secretariat This email address is being protected from spambots. You need JavaScript enabled to view it.
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