Arbitration Law and Procedure Micro-credential
|Start Date||January 2024|
|Time||Wednesday 18:30 - 20:20 (Subject to change.)|
|Mode of Delivery||Hybrid|
|Lead Academic||Assoc. Prof. Brian Hutchinson|
Arbitration is a private means of dispute resolution whereby the parties agree to be bound by the decision of an arbitrator of their choice whose decision is final and whose award has the legal force of a High Court judgment or order. Arbitration is a widely used alternative to litigation before the Courts. The use of arbitration is on the increase, and new legislation, the Arbitration Act, 2010, was introduced in 2010 to make Ireland a world leader in the field of arbitration.
The principal advantages of arbitration over other forms of dispute resolution (litigation included) are privacy; flexibility of procedure; the ability to use arbitrators who are expert in the field of dispute; cost effectiveness; and enforceability of the award both domestically and internationally. There is a growth in the use of arbitration as a means of resolving disputes both at domestic level and at an international level.
This micro-credential focuses on the law and practice of domestic arbitration. It covers the arbitration agreement, the arbitrator, the arbitral process, the award, recourse against the award, and enforcement of the award.
On completion of this micro-credential you will have completed the syllabus of the Chartered Institute of Arbitrators’s Module 2 “Law of Arbitration” and the written components of the Institute’s Module 3 “Practice, Procedure, Drafting and Deciding”.
The micro-credential will be of interest to professionals who come into contact with arbitration, particularly those working in areas where arbitration has proved especially effective, include building and civil engineering contracts; shipping; imports, exports and international trade; foreign investment agreements; commodities trading; partnership disputes; insurance contracts; intellectual property agreements; and rent review in commercial leases. This list is not exhaustive, however, for almost any dispute which can be resolved by litigation in the Courts can be settled by arbitration.
- Appreciate the function of arbitration and contextualise it in the range of dispute resolution mechanisms;
- Understand the sources of Arbitration Law and demonstrate an intimate knowledge of the substance of the Arbitration Acts and the Common Law governing domestic arbitration;
- Be able to analyse given fact scenarios and problems in arbitration and apply the correct legal principles to advise on appropriate solutions;
- Demonstrate a good knowledge of the best practice approaches to arbitration procedure and be able to apply it appropriately to given scenarios and problems;
- Have completed the syllabus of the Chartered Institute of Arbitrators’s Module 2 “Law of Arbitration” and the written components of the Instute’s Module 3 “Practice, Procedure, Drafting and Deciding”
- The Arbitration Agreement
- Existence and Validity of Agreements: Commencement and Time Limits
- The Arbitral Tribunal
- The Conduct of the Reference
- The Award
- Recourse Against the Award
- Recognition and Enforcement
This micro-credential consists of weekly 2 hour lectures, supplemented by online reading and resources and in-class and online exercises. Learners are encouraged to engage with the teaching activities for this micro-credential on campus at UCD (face-to-face). However, lectures will be available online, to suit learners' circumstances and requirements.
A repository of resources will be available to support your learning, and as a UCD student you will have full access to the library.
This is a 5 ECTS micro-credential and involves approximately 100-125 hours of learner effort.
Applicants must hold a degree in law or another relevant discipline, including the social and natural sciences. An upper second-class honours Level 8 degree (GPA 3.08), or international equivalent is required.
Applications will also be accepted from those with significant, relevant, practical experience or those with a graduate qualification relevant to the micro-credential.
Applicants whose first language is not English must demonstrate proof of English proficiency as per UCD's minimum English language requirements.
All applications are assessed on a case-by-case basis.
2 hour end of trimester exam
Feedback is primarily provided by way of group feedback supplied online post-assessment following UCD School of Law policies. Individual feedback may be supplied personally online or in person as to where a student stands relative to the group feedback. Opportunities for self and peer review will be possible through in class exercises and online peer discussion group and exercises.
A related micro-credential that might be of interest to you is Irish Law and Legal Procedure.
These micro-credentials are also modules on the UCD Sutherland School of Law’s Professional Diploma in Arbitration.