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Module 1 - Law Practice and Procedure of Construction Adjudication

Chartered Institute of Arbitrators
Course summary
3 months
English
Online courses

Course description

Module 1 - Law Practice and Procedure of Construction Adjudication

The aim of this course is to provide students with an in-depth knowledge and understanding of the law and principles of construction adjudication. Module 3 will cover decision making, drafting and evidence. The course is suitable for people who are interested in adjudication as advisors to parties in dispute, and provides the basis on which those wanting to become an adjudicator can proceed to Fellowship of CIArb.

Suitability - Who should attend?

There are no pre-requisite entry requirements for this course.

English Language Competence - CIArb training and assessment is carried out in English it is therefore essential that candidates are proficient in both written and spoken English. Where English is not a candidate’s first language it is recommended that they have achieved a standard that is, as a minimum, equivalent to the International English Language Testing System (IELTS) level 7 or a score of 94-101 in the Test of English as a Foreign Language (TOEFL) system. CIArb issues this advice as a guideline and, while it will not require any evidence of this standard prior to enrolment on a course, candidates who do not have this standard of English may be disadvantaged.

Outcome / Qualification etc.

On successful completion of this course candidates will be able to:

  • Explain the principles and specific legal requirements in a construction adjudication:
  • The range and limitations of matters that may legally be adjudicated;
  • The contractual nature of the appointment of an adjudicator;
  • The range and limitations of an adjudicator’s powers and jurisdiction;
  • The rights, duties and responsibilities of each of those involved in an adjudication;
  • The methods of initiating and processing an adjudication;
  • The relevance of the court regarding all stages in an adjudication;
  • The requirements of an enforceable adjudication decision.
  • Compare and contrast construction adjudication legislation and practice in different jurisdictions.
  • Evaluate and apply the principles and legal requirements of a construction adjudication.
  • Identify, explain and apply the legal procedural principles and rules relevant to the conduct of a construction adjudication.
  • In addition, candidates will be able to:
  • Identify and explain in depth all the key elements of the construction adjudication process.
  • Evaluate issues and apply the law of construction adjudication appropriately.
  • Demonstrate practical skill in carrying out the tasks required in preparing and progressing an adjudication.
  • Demonstrate skill in controlling adjudication, communicating effectively with the parties, applying the relevant rules and adopting appropriate procedures.

Training Course Content

  • An overview of Dispute Resolution Processes
  • The Nature and Purpose of Adjudication
  •  Adjudication around the World
  • The UK Courts and Adjudication
  • The Housing Grants, Construction and Regeneration Act 1996 (The Act)
  • The Scheme for Construction Contracts (England and Wales) Regulations 1998 (as amended 2009) (The Scheme)
  • Adjudication – The Process
  • Adjudication – Jurisdiction
  • Adjudication – Natural Justice
  • Issues for the adjudicator to consider.
  • Key points of law and how to interpret them.
  • Practical guidance for the arbitrator.
  • Case references and examples.
  • Self-assessment questions

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About provider

Chartered Institute of Arbitrators

Chartered Institute of Arbitrators (CIArb)

The Chartered Institute of Arbitrators (CIArb) is the world’s leading qualifications and professional body for dispute avoidance, management and resolution. CIArb is passionate about promoting a harmonious society and helping people and organisations avoid, manage and resolve conflict through our...


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Chartered Institute of Arbitrators

12 Bloomsbury Square
WC1A 2LP London

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www.ciarb.org


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