Online Fellowship Assessment Course (FAC)

Contact SIArb Secretariat secretariat@siarb.org.sg

The Singapore Institute of Arbitrators (SIArb) is pleased to announce that a new edition of its Fellowship Assessment Course (FAC) is now open for registration.

*The FAC will focus on teaching candidates the practical aspects of acting as an arbitrator. To benefit from FAC, candidates should already have a sound grasp of the law of arbitration.

* SIArb offers an Online Refresher Course on the Law of Arbitration for those interested candidates to add on and attend 9.5 hours of comprehensive online lectures on: An Introduction to Arbitration Arbitration Agreement, Commencement & The Tribunal Arbitration Procedure The Award; Recognition & Enforcement of Awards Please contact the SIArb Secretariat for more details should you be interested in these online lectures which are available at an additional fee.

 

SYNOPSIS OF THE COURSE

It will consist of 6 modules with a total of 9 lectures, 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 treatment of evidence. Candidates who have obtained a degree in law from a university or other tertiary institution recognised by the SIArb (or such other legal 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 appointment, covering topics such as conducting conflict checks and making disclosures before or when accepting an appointment; (ii) dealing with jurisdictional challenges; and (iii) emergency arbitrations.
• Module 3 covers (i) case management in conducting an arbitration; (ii) techniques for controlling time and costs in an arbitration; and (iii) drafting procedural orders.
• Module 4 covers (i) dealing with interlocutory applications; (ii) drafting discovery orders; (iii) dealing with costs of interlocutory applications; (iv) dealing with extension of time applications and guerilla tactics; and (v) dealing with preliminary issues.
• Module 5 covers the conduct of the evidentiary hearing.
• Finally, Module 6 covers the practical aspects of actually writing the Final Award.
• In the Practical Workshops, lecturers and tutors will address questions from candidates and show practical examples of an arbitrator’s work product such as procedural orders, Redfern Schedules, discovery orders and interim awards. In Practical Workshop 6, the lecturer of Module 6 will dissect a sample award to see how it should, or should not, be written.
• In the Award Writing Examination, candidates will write an enforceable final award.

FORMAT AND DELIVERY METHOD

Each lecture will be delivered online by way of a Zoom webinar recording which can be accessed remotely 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 entirety. 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 duration of each Practical Workshop, the dates of which are specified in the Course Schedule below. The total scheduled duration of all 6 Practical Workshops is 10 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 candidate is required to sit for and pass this written examination by writing an enforceable final award within the time and based on the facts given.

Each candidate who has been successfully registered for FAC will receive personalised login details to SIArb’s online course portal to access all reading materials, lectures, presentations slides and the online examination as set out in the Course Schedule.

WHAT PAST COURSE PARTICIPANTS SAY:
“Super course. Learnt a greal deal in a short span of time.”
“I like the new emphasis this year on the role of an arbitrator and the writing of an award. Excellent tutors! Excellent organisation! Thoroughly enjoyed this FAC.”
“I really enjoyed listening & learning from all the shared practical experiences. It brings to life whatever to have learnt or puts things in context.”
“I like the course format and the focus on how an arbitrator should practically discharge the role, rather than too much on purely legal technicalities.”
“The resource persons are knowledgeable and committed.”
“Ease of and clarity during interaction with Tutors and fellow participants.”

COMPLETION OF THE COURSE

To complete the FAC successfully, a candidate must:

(a)   Achieve 100% attendance at all the Practical Workshops; and

(b)   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:

1. Lawyers with at least 10 years involvement in litigation/dispute resolution; or who have been active arbitrators, and can provide documentary evidence of such experience; OR
2. Non-lawyers who have at least 10 years of involvement in dispute resolution or who have been active arbitrators, and who can provide documentary evidence of such experience; OR
3. Those who have successfully completed the International Entry Course conducted by SIArb or such other equivalent course as may be recognised by SIArb.

 

COURSE CONTENT

Module	Content	Lecture / Workshop
Introduction	Introduction to FAC and its Objectives	Intoductory Video
Module 1	Sources of Law Common Law Equity Statute Court system Doctrine of stare decisis	Lectures 1
	Law of Contract Essential ingredients of a binding and enforceable contract – offer, acceptance, consideration, intention to create legal relations Privity of Contract Rules of Interpretation of Contracts Express and Implied Terms Assignment and Novation Discharge of contract by breach Remedies for breach of contract Damages – liquidated and unliquidated damages; remoteness; ordinary and extraordinary damages	Lecture 2
	Law of Tort What is a tort – difference between tortious claim and contractual claim Nature of vicarious liability Negligence Misrepresentation Economic Torts Remedies	Lecture 3
	Evidence What is “evidence” Relevance of rules of evidence in arbitration Burden of proof Standard of proof Admissibility versus weight Weighing the evidence – relevance and reliability	Lecture 4
	Review of Module 1	Workshop 1
Module 2	Accepting the Appointment Conflict Check – what to look out for IBA Guidelines on Conflict of Interests  Disclosures Verifying Jurisdiction – identifying the arbitration agreement; whether dispute falls within scope of arbitration agreement Ascertaining seat; arbitral institution; arbitration rules; composition of tribunal; language Dealing with Jurisdictional Challenges Doctrine of “competence – competence” Due process When and how to decide Emergency Arbitrations	Lecture 5
	Practical Workshop for Module 2 Accepting the Appointment and Challenges to Jurisdiction: Practical exercise Q&A on Module 2	Workshop 2
Module 3	Case Management First Procedural Meeting – when to hold one Matters to be dealt with at First Procedural Meeting 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 Drafting 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
	Practical Workshop for Module 3 Examples of Procedural Orders to see how they are written Q&A on Modules 3	Workshop 3
Module 4	Dealing with Interlocutory Applications Common applications to expect – Amendment of pleadings; security for costs; injunctions; production of documents Drafting Discovery Orders Use of Redfern Schedule; How to draft a discovery order; Costs of application Costs of Interlocutory Application Does the Tribunal have power to award costs on interlocutory applications Award now or later Dealing with Extension of Time Applications and Guerilla Tactics How not to breach the rules of natural justice Dealing with Preliminary Issues Interim and Partial Awards	Lecture 7
	Practical Workshop for Module 4 Examples of Redfern Schedules to see how they are used Examples of Discovery Orders and Interim Awards to see what they say and how they say it	Workshop 4
Module 5	Conducting the Evidentiary Hearing Pre-Hearing Conference – what should be discussed Core Bundle of Documents for Hearing Privacy of Hearing Timetable and Allocation of Time Timekeeping – whether or 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” – How is this done; how to prepare for it Dealing with objections during examination of witnesses Pitfalls – Entering the arena – what the Tribunal should not do during the evidentiary hearing Closing Submissions Virtual Hearings	Lecture 8
	Practical Workshop for Module 5 Q&A on Module 5	Workshop 5
Module 6	Writing the Award Closing the Proceedings – when to do so Time for submission of Award Partial 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 consolidate or depart from them Techniques and tools for drafting the Award Pitfalls – what to avoid in writing the Award Awarding Costs Awarding Interest Scrutiny by arbitral institution	Lecture 9
	Practical Workshop for Module 6 Dissecting a sample Award to see how it should (or should not) be drafted	Workshop 6
	Course Director’s Closing Remarks
Conclusion	Award Writing Examination

COURSE SCHEDULE

Lectures
Lecture videos (and the Introductory Video) will be accessible remotely and on demand during this self-study period	9.00am on 1 October 2021 to 6.00pm on 8 November 2021

Practical Workshops
Date	Time	Workshop
15 October 2021	10.30am – 12.00pm	Workshop 1 for Module 1
5 November 2021	9.00am – 9.15am 9.15am – 10.45am 10.45am – 11.00am 11.00am – 12.30pm 12.30pm – 1.15pm 1.15pm – 2.45pm	Course Director’s Opening Remarks Workshop 2 for Module 2 Tea Break Workshop 3 for Module 3 Lunch Workshop 4 for Module 4
6 November 2021	9.00am – 10.30am 10.30am – 10.45am 10.45am – 1.15pm 1.15pm – 1.45pm	Workshop 5 for Module 5 Tea Break Workshop 6 for Module 6 Course Director’s Closing Remarks & Briefing on Online Examination

*NB: SIArb reserves the right to allocate candidates to groups for the Practical Workshops. Candidates should ensure they are available for the full day on both dates.

Award Writing Examination
Date	Time
8 November 2021	10.00am – 1.00pm

COURSE FACULTY

• Chia Chor Leong (Course Director)
• Samuel Chacko
• Remy Choo
• Delphine Ho
• Edmund Kronenburg
• Johnny Tan
• Toh Chen Han

For more details about our Course Faculty, please click HERE

TECHNICAL REQUIREMENTS

To properly participate in this online course, you will require the following which must be put in place before the Practical Workshops and Award Writing Examination (no exceptions will be entertained) :

1. A laptop or computer (as typing will be required during the Practical Workshops and Award Writing Examination, accessing via mobile phone or other mobile devices is not encouraged)
2. Stable Internet access from the same laptop/computer– a wired connection is recommended (this is especially important for taking the online written assessment)
3. An Internet browser on the same laptop/computer
4. A video camera (either external or built-in to your laptop or computer) to participate in the Practical Workshops and Award Writing Examination
5. 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 recommend that you check to ensure you have updated to the latest version due to frequent security upgrades and to ensure that your laptop/computer meets the minimum requirements for the use of Zoom.

IMPORTANT NOTES

1. Acceptance or rejection of an application for admission to the FAC is at the sole discretion of SIArb.
2. Closing date is 24 September 2021.  Placement is on a first-come-first-served basis.
3. Registrations received on or before the closing date are confirmed upon RECEIPT OF FULL PAYMENT.
4. SIArb reserves the right to change the content of the programme and/or the facilitators without prior notice. SIArb is committed to staging a successful programme.  However, we reserve the right to cancel the programme in which case refunds will be given, but otherwise, no refunds will be made for cancellations or no-shows by those who registered.
5. SIArb reserves the right to change the venue or amend any of the other details published.
6. By completing this form, you fully consent to the collection, use and disclosure of your personal data as appears in any form, document or electronic template, by SIArb.

FEES & REGISTRATIONS:

Member or Associate Member 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 Exam)	$2,600 (Modules 2,3,4,5 & 6 (including Award Writing Exam)
$600 (Module 1: Law of Contract/Tort/Evidence)	$800 (Module 1: Law of Contract/Tort/Evidence)
$1000 (Module 6 and Award Writing Exam) – available for retake candidates and by special exemption ONLY	$1300 (Module 6 and Award Writing Exam) – available for retake candidates and by special exemption ONLY
$600 (Online Refresher Course on the Law of Arbitration)	$800 (Online Refresher Course on the Law of Arbitration )

Click HERE to download brochure.

For further enquiries, please contact the Singapore Institute of Arbitrators

Tel: (65) 6551 2785     Fax: (65) 6225 9426     E-mail: secretariat@siarb.org.sg

 

	SILE CPD Points  Practice Area: Alternative Dispute Resolution  Training Level: Advanced  Public CPD Points: Modules 2 to 4 (5 Nov) – 5 Public CPD Points                                  Modules 5 to 6 (6 Nov) – 3.5 Public CPD Points
	RICS: Module 1 (15 Oct): 1.5 Formal CPD Hours          Modules 2 to 4 (5 Nov): 4.5 Formal CPD Hours          Modules 5 to 6 (6 Nov): 4 Formal CPD Hours RICS members can obtain and submit CPD hours for attendance of this event. More details HERE.	BOA-SIA: 2 CPD Points SPM: CPD (TBC) PEB: 11 PDUs

SILE Attendance Policy

Participants who wish to obtain CPD Points are reminded that they must comply strictly with the Attendance Policy set out in the CPD Guidelines. For this activity, this includes logging in at the start of the webinar and logging out at the conclusion of the webinar on each day of the activity, and not being away from any part of the webinar for more than 15 minutes on each day of the activity. Participants who do not comply with the Attendance Policy on any particular day of the activity will not be able to obtain CPD Points for that day of the activity. Please refer to http://www.sileCPDcentre.sg for more information.

REGISTRATION, REFUND & CANCELLATION POLICY

1. Places are limited and can only be allocated in order of priority upon receipt of registration and any payment due.
2. SIArb reserves the right to update or amend the details of the programme and/or the names of Course Faculty without prior notice.
3. SIArb will not entertain any request for a refund of fees.
4. We reserve the right to refuse to register or admit any participant, and to cancel or postpone the Course.
5. By completing this form, you fully consent to the collection, use and disclosure of your personal data as appears in any form, document or electronic template, by SIArb. [CLICK HERETO READ OUR PRIVACYPOLICY]