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PROGRAMME TITLE
The College
of Estate Management Postgraduate Diploma
in Arbitration
This programme is
offered by The College of Estate Management, U.K.
INTRODUCTION
Arbitration is a method of dispute resolution chosen by many professions.
Members of those professions need therefore to be aware of the practice and
procedure of arbitration.
PROGRAMME AIMS
- This programme is highly relevant both for:
- those who wish to
practise as Arbitrators; and
- those who undertake
expert witness work - including architects, engineers, surveyors,
lawyers, accountants, travel and insurance specialists, and many more.
- Successful completion of
Year 1 allows you to apply to become a Member of the Chartered Institute
of Arbitrators.
- Successful completion of
Year 2 satisfies the academic requirements to apply for Fellowship.
PROGRAMME STRUCTURE*
This course consists of 4 modules to be
taken over 2 years. Successful completion of the 4 modules leads to the award
of a Postgraduate Diploma in Arbitration by The College of Estate Management.
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CONTENT OF THE COURSE ( Year 1 )
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MODULE 1: CONTRACT, TORT AND EVIDENCE
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The Legal
System
The nature of law; the effect of the law on the individual; the sources of
law; law enforcement and administration.
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The Law of
Contract
Formation of contracts; privity of contract and liabilities; contents of a
contract; vitiating factors; amendment of contracts; interpretation of
contracts; agency; limitation of actions; restitution; discharge of a
contract; remedies for breach of contract.
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The Law of Tort
Essentials of a tort; liability in tort; defences to liability; remedies;
the tort of negligence; dangerous premises; trespass; nuisance.
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The Law of
Evidence
Types of evidence; relevance and admissibility; proof; evidence; expert
evidence; privilege; examining witnesses; attendance of witnesses; dealing
with conflicts.
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MODULE 2: THE
LAW OF ARBITRATION
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Arbitration in
the Context of Alternative Methods of Dispute Resolution
Arbitration; mediation; conciliation; adjudication; ombudsman.
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Arbitration Law
The arbitration agreement; terms of agreement; appointment of arbitrators;
powers and duties of arbitrators; powers of the courts.
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Arbitration
Practice and Procedure
Practical case management; the hearing; proceedings after the hearing;
arbitrations on documents only.
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CONTENT OF THE COURSE ( Year 2 )
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MODULE 3: ARBITRATION PRACTICE AND
PROCEDURE
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Arbitration in the context of all forms
of Dispute Resolution; the appointment; preliminary proceedings; preliminary
issues; costs; controlling the hearing; the Award; challenging the Award;
appealing the Award; complex issues.
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MODULE 4:
DRAFTING AND AWARD WRITING
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Defining the issues; drafting directions;
drafting interlocutory orders; analysing all the documents in a dispute;
deciding on the law; deciding on the facts.
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* Subject to change at the discretion
of the University
of Reading.
Click to view the CEM online prospectus
LEARNING MODE
& SUPPORT
- Face-to-face teaching: a two-day course in
March/April and a three-day course in September conducted by CEM academic staff supplemented
with web-based learning subject to the number of students enrolled on
the course
- Communication with academic staff of CEM via
web-based facilities
- Access to PolyU library and IT services
ACADEMIC STAFF
Course
Directors
Jonathan Tecks (MA FCIArb Barrister) is a Chartered Arbitrator and Mediator of disputes in the commercial,
construction and property areas. In conjunction with private practice as a
Barrister, he became a member of the Chartered Institute’s Arbitration Panel
in 1995 and has participated in various of the Institute’s Arbitration
Schemes. He is a co-author of The Arbitration Act 1996 – A Commentary, a
leading text on the 1996 Act which is now in its third edition.
He is a Past Chairman of the Examinations Board at the Chartered Institute of
Arbitrators and is currently Course Director for the Institute’s Mediation
Accreditation Assessment Programme. Jonathan is also engaged in training
barristers and solicitors in professional skills at the University of the
West of England, where he holds the post of Director of Advocacy and Dispute
Resolution.
Pauline Makepeace (LLB PGCE MCIArb ILTM) is Tutor in Law at The College of Estate Management. After obtaining
her law degree she spent five years in the construction industry dealing with
contract administration. She then trained as a teacher in further and higher
education and worked for three years at Reading College of Technology.
Initially working part-time for The College of Estate Management, teaching
and marking for the Diploma in Surveying course, she became a full-time tutor
in January 1989. She was appointed joint Course Director for the Diploma in
Arbitration in 1992.
Course Tutors
Peter Aeberli MA BA DipArch DiplCArb RIBA ARIAS ACE FCIArb BARRISTER
Tony Bingham LLB FCIArb BARRISTER
Tim Cooper BSc FRICS FCIArb
Roger Dyer BA DipArch RIBA FCIArb FASI BARRISTER
Mark Entwistle LLB FRICS FCIOB FCIArb FFB BARRISTER
Kim Franklin FCIArb BARRISTER
Peter Ho BSc MRICS FCIArb FHKIArb
Paul Jensen FRICS FCIArb BARRISTER
Christopher Linnett BSc DipArb FRICS FCIArb
Neville Tait MA CEng FICE FCIArb
Colin Wall BSc FRICS FHKIS FCIArb MACostE MAE QDR RPS (QS)
Philip Yang FCIArb ACII
DURATION
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Normal
duration:
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2 years
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Maximum
duration:
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6 years
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There will be one semester per calendar
year (March to December).
ASSESSMENT
Assessment consists of assignments and examinations in all modules. Drafting
and Award Writing places more emphasis on examinations.
Assignments
You will complete and submit six assignments a year for assessment according
to the timetable of the course.
Examinations
Examinations are normally held in November and comprise:
- One 2-hour and two 3-hour written papers in
Year 1
- One 2-hour, one 3-hour and one 4-hour written
paper in Year 2
AWARD
If you successfully complete all elements of the course you will be
awarded the CEM Postgraduate Diploma in Arbitration and will be entitled to
use the designatory letters PGDipArb
EXEMPTIONS
Exemption from the Contract, Tort and
Evidence module will be granted if you have
- A degree in law recognised as exempting you
from the Common Professional Examinations of the Law Society or the Bar
Council.
- A diploma in law recognised by the Law
Society or the Bar Council.
- A UK Legal Practice
Certificate.
Exemption from the Law of Arbitration module will be granted if you
have:
- passed the equivalent module with the
Chartered Institute of Arbitrators or other educational institution.
If you have equivalent qualifications from non-UK jurisdictions your
application will be assessed on an individual basis.
ENTRY REQUIREMENTS
You should have one of the following:
- Successfully completed the entry course of
the Chartered Institute of Arbitrators
- A degree from a recognised institution of
higher education
- Been admitted as a member (other than a
student member) of a recognised professional body
- Demonstrable experience suitable to undertake
the course
Evidence is required in the form of
certificates or statements. You should send photocopies that have been
certified by a Member or Fellow of either the Chartered Institute of
Arbitrators or RICSDo not send original documents.
Applicants whose first language is not
English will be required to satisfy CEM of their competence in English before
their acceptance on the course can be confirmed. This can be done by
possessing at least one of the followings:
- Grade B or above in English Language or
English Literature at GCSE or its equivalent
- Grade 6.0 or above, with at least 6.5 in the
reading and writing modules, in the International English Language
Testing System test (IELTS) administered by the British Council in the
academic module Social Sciences
- 570 or above in the paper-based version, or
230 or above in the computer-based version, of the Test of English as
Foreign Language (TOEFL)
- Grade A-C in Use of English at A/S Level
- Proof of prior University level study
conducted in English
PROFESSIONAL BODIES
The Chartered Institute of Arbitrators
The College of Estate
Management is privileged to have been invited
by the Chartered Institute of Arbitrators to provide this course, which gives
exemption from the examinations leading to Fellowship of the Institute.
At the end of Year 1, after
successfully completing the Law of Arbitration module assignments, you can
apply for Associate Membership of the Chartered Institute of Arbitrators.
After successfully completing both Year 1 modules you can apply for Membership.
When you have successfully completed the entire course you can apply for
Fellowship of the Chartered Institute of Arbitrators.
Details of the Institute's byelaws and
Practitioner Requirements can be obtained from the following address:
The Chartered Institute of Arbitrators
12 Bloomsbury SquareLondon WC1A 2LP
Telephone: (020 7421 7444)
Email: info@arbitrators.org
URL: www.arbitrators.org
Hong Kong Institute of Arbitrators
Upon successful completion of the entire course you can apply for
Associate Membership of the Hong King Institute of Arbitrators.
When you have achieved Fellowship of the Chartered Institute of
Arbitrators you can then apply for Fellowship of the Hong Kong Institute of
Arbitrators.
The Law Society of Hong
Kong
This programme is also approved by the Law Society of Hong Kong and
accredited with 15 CPD points.
COMPUTER REQUIREMENTS
CEM programmes
have increasingly significant online components so you need to:
- Have
access to a PC
- Be able to create, use and save documents
produced in word processing and spreadsheet software, e.g. Microsoft
Word and Excel
- Have access to a
CD-ROM drive (preferably with soundcard and speakers)
- Have an email
address
- Have access to
the Internet and be familiar with the use of a web browser, e.g.
Internet Explorer
- Be reasonably
familiar with using Internet search engines.
Note: SPEED
reserves the rights to make variations to
the schedules, contents, tuition fees, and mode of delivery of the programmes
offered without prior notice.
This is an exempted course under the Non-local Higher and Professional
Education (Regulation) Ordinance and it is a matter of discretion for
individual employers to recognize any qualification to which the course may
lead.
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