The law of obligations

This Module will provide you with an understanding of the principles of law of obligations governing commercial contracts and the disputes that arise from them if you wish to advance your legal knowledge. The module is also appropriate for those involved in commercial dispute resolution or who wish to become qualified arbitrators, members of arbitral tribunals, or mediators.

Objective

Identify the principles of tort and contract law, both in common law and civil law, and their relation to the emergence and resolution of disputes.

Learning Outcomes

• An understanding of the sources of law and their use in common law and civil law.
• An understanding of the nature and significance of various types of obligations.
• Possess the ability to seek damages for torts.
• Analyzing problems using tort and contract law.

Assessment

There will be a virtual exam. Candidates must start the exam within five days after it is uploaded to the learning platform and will have 48 hours to complete it. Exam results will be sent to candidates 12 weeks after the date of the exam.

Admission Requirements

Passing Module one or the Exemption Test

Results of successful completion

Upon passing Module 1, candidates will be eligible for

• A completion certificate issued by Ciarb
• Continuation to Module 3 (after passing the third level, the participant will be granted a fellow degree from the British Royal College of Arbitrators).

Evidence, Decision-Making, and Award Writing

This module covers the difficulties that must be resolved in an arbitration case, how the parties’ reports, documents, and evidence are handled and evaluated, and how the law is applied to them, as well as how to reach a decision and create an arbitral award.

Objective

In order to draft a binding, convincing, and enforceable arbitral award in accordance with the UNCITRAL Model Law on International Commercial Arbitration, the candidate must develop the abilities to take into account, comprehend, and evaluate the evidence, examine testimony and the evidence, and reach a conclusion.

Learning Outcomes

• The capacity to research and assess data.
• The capacity to determine the dispute’s subject and render a decision.
• The ability to draft arbitral awards.
• The capacity to comprehend the core of an award.
• The ability to calculate the costs that must be borne by the parties and to choose the arbitrators’ fees and costs.
• The capacity to draft a thorough, enforceable arbitration award.Content

Assessment

There will be a written test that is remotely administered. After the exam is uploaded to the learning platform, candidates have five days to start it and 48 hours to finish it. Candidates will receive exam results 12 weeks after the exam date.

The exam questions are divided into two sections:

• Contract: Accounts for 65% of the total.
• Tort liability: Accounts for 35% of the total.

Admission Requirements

Candidates who successfully complete Module 3 are qualified to receive:

• A completion certificate from Ciarb. ClArb membership at the FCIArb grade.
• Listing in the OAC Arbitrator Roster if they satisfy the other admission requirements.

Exemption Test

You may apply for an exemption from Module 2 if you hold a legal or sharia credential from an accredited institution or a law license. A test for exemption that gauges your understanding of tort law, contract law, and the law of obligations must be passed. Contract law and tort liability are covered in the 90- minute multiple-choice exam. If you pass, you can electronically download your exemption certificate. It is offered electronically. If you fail, you must take Module 2 again.