Introducing the CIArb (the Chartered Institute of Arbitrators)
The Chartered Institute of Arbitrators (CIArb) is another
non-profit organization that promotes practices of the Alternative Dispute
Resolution (ADR). It was established in 1915 in London, United
Kingdom. The first president of that year was a consultant engineer. Currently,
the institute has about 14,000 members in 37
branch offices located in 133 countries around the world including
Thailand.
CIArb has been publishing practice guidance for arbitration practices for long time. CIArb also provides training, educates its policy, supports and encourages the meetings, seminars, or any other activities to share knowledge among networks and jointly develop non-court disputes resolution procedures, including adjudication, mediation and arbitration, internationally.
In addition, CIArb also offers a service called DAS: Dispute Appointment Service by selecting a qualified ADR practitioner who is well trained and accredited by the institute to engage in negotiations to help settle civil and commercial disputes that are un-public, quicker, and more economical than court proceedings. In Thailand, we have the Thai Arbitration Center (THAC), which consists of the Mediation Center and the Arbitration Center, who locally provide training on mediation and arbitration, and dispute resolution services.
The CIArb’s Practice Guidelines for Alternative Dispute
Resolution which are interesting and available for free download are as
follows:-
Mediation Guidelines
Guidelines on Confidentiality in Mediation
Guidelines on Selection and Appointment of Mediators by the Institute
Guidelines on Termination of Mediation
Guidelines on Mediation Rules
Guidelines on Model Mediation Agreement
Construction Adjudication Guidelines
Construction Adjudication Guideline 2016
- Jurisdiction of the UK Construction Adjudicator
Construction Adjudication Guidelines 2013
- Construction Contracts & Operations Guidance Note
- Natural Justice
- Adjudicator's Lien
- The Scheme for Construction Contracts
Arbitration Practice Guidelines and Protocols
Introduction to the International Arbitration Practice Guidelines
International Arbitration Guidelines 2016
- Interviews for Prospective Arbitrators
- Terms of Appointment including:
- Jurisdictional Challenges
- Applications for Interim Measures
- Applications for Security for Costs
- Documents-Only Arbitration Procedures
- Party Non-Participation
- Drafting Arbitral Awards Part I - General
- Drafting Arbitral Awards, Part II - Interest
- Drafting Arbitral Awards, Part III - Costs
International Arbitration Guidelines 2011
- Arbitrations involving Consumers and Parties with Significant Differences of Resources
- Multi-party Arbitrations
- Tribunal-appointed Experts, Legal Advisers and Assessors
- Use of ADR Procedures
Practice Guidelines relevant to the English Arbitration Act 1996
- Responding to a Party's Application to Court
- Peremptory and Unless Orders
Practice Guidelines relevant to the English Legislation
- The Proceeds of Crime Act 2002
International Arbitration Protocols
- Protocol for e-disclosure
- Protocol for the use of party-appointed experts
In addition to CIArb will publish Practice papers. As mentioned above, CIArb also offers training courses for various practitioners:
Student level - The beginners who are interested in ADR career can apply on line as a member of this level for free. There are short online courses for the student members to study and test their understanding of ADR.
Associate level – This level is for those who are willing to start their career in ADR. The members of this level must pass the examination of “Introductory course in Adjudication, Mediation or Arbitration”, or other equivalent courses. The Associate level members have the right to add the suffix ACIArb at the end of their names in business cards or in letters, etc.
Member level - This level is for Associate members who want to be internationally accredited by having trained and passed the exam of the CIArb training program Moldue1 and 2 or equivalent courses including intensive course (as an accelerated route) that is available for Arbitration only. The Member level members have their right to add the suffix MCIArb at the end of their names in business cards or in letters, etc.
Experience Practitioner level or Fellow level – This level is for Member level members who want to upgrade from Member to Fellow by continuing along CIArb pathways programme in the chosen ADR area and will need to pass Modules 3 and 4 training and examination and a Peer Interview. In case Arbitration is selected, it can be upgraded to be Chartered Arbitrator which is more internationally recognized.
For those who wish to enter directly to Fellow level membership, they must have work expertise in writing Mediation Agreements/Heads of Agreements/Memorandum of Understanding and are experienced in arbitration or construction adjudication, or mediation (in a lead/sole mediator capacity) including settlement agreements, the management of proceedings and attending hearings which have resulted in the publication of a reasoned award or decision for at least 10 years. The Fellow level members have their right to add the suffix MCIArb at the end of their names in business cards or in letters, etc.
The next episode will introduce RICS (the Royal Institute of Chartered Surveyors) who promotes the international practices in the field of quantity survey, valuation, management and development of land, real estate, construction and infrastructure. If interested, please fellow…
CIArb has been publishing practice guidance for arbitration practices for long time. CIArb also provides training, educates its policy, supports and encourages the meetings, seminars, or any other activities to share knowledge among networks and jointly develop non-court disputes resolution procedures, including adjudication, mediation and arbitration, internationally.
In addition, CIArb also offers a service called DAS: Dispute Appointment Service by selecting a qualified ADR practitioner who is well trained and accredited by the institute to engage in negotiations to help settle civil and commercial disputes that are un-public, quicker, and more economical than court proceedings. In Thailand, we have the Thai Arbitration Center (THAC), which consists of the Mediation Center and the Arbitration Center, who locally provide training on mediation and arbitration, and dispute resolution services.
Mediation Guidelines
Guidelines on Confidentiality in Mediation
Guidelines on Selection and Appointment of Mediators by the Institute
Guidelines on Termination of Mediation
Guidelines on Mediation Rules
Guidelines on Model Mediation Agreement
Construction Adjudication Guidelines
Construction Adjudication Guideline 2016
- Jurisdiction of the UK Construction Adjudicator
Construction Adjudication Guidelines 2013
- Construction Contracts & Operations Guidance Note
- Natural Justice
- Adjudicator's Lien
- The Scheme for Construction Contracts
Arbitration Practice Guidelines and Protocols
Introduction to the International Arbitration Practice Guidelines
International Arbitration Guidelines 2016
- Interviews for Prospective Arbitrators
- Terms of Appointment including:
- Jurisdictional Challenges
- Applications for Interim Measures
- Applications for Security for Costs
- Documents-Only Arbitration Procedures
- Party Non-Participation
- Drafting Arbitral Awards Part I - General
- Drafting Arbitral Awards, Part II - Interest
- Drafting Arbitral Awards, Part III - Costs
International Arbitration Guidelines 2011
- Arbitrations involving Consumers and Parties with Significant Differences of Resources
- Multi-party Arbitrations
- Tribunal-appointed Experts, Legal Advisers and Assessors
- Use of ADR Procedures
Practice Guidelines relevant to the English Arbitration Act 1996
- Responding to a Party's Application to Court
- Peremptory and Unless Orders
Practice Guidelines relevant to the English Legislation
- The Proceeds of Crime Act 2002
International Arbitration Protocols
- Protocol for e-disclosure
- Protocol for the use of party-appointed experts
In addition to CIArb will publish Practice papers. As mentioned above, CIArb also offers training courses for various practitioners:
- Online Introduction to ADR
- International Arbitration Courses
- England & Wales Domestic Arbitration Courses
- Mediation Courses
- Construction Adjudication Courses
- Diploma Courses
- Fast Track Courses
Student level - The beginners who are interested in ADR career can apply on line as a member of this level for free. There are short online courses for the student members to study and test their understanding of ADR.
Associate level – This level is for those who are willing to start their career in ADR. The members of this level must pass the examination of “Introductory course in Adjudication, Mediation or Arbitration”, or other equivalent courses. The Associate level members have the right to add the suffix ACIArb at the end of their names in business cards or in letters, etc.
Member level - This level is for Associate members who want to be internationally accredited by having trained and passed the exam of the CIArb training program Moldue1 and 2 or equivalent courses including intensive course (as an accelerated route) that is available for Arbitration only. The Member level members have their right to add the suffix MCIArb at the end of their names in business cards or in letters, etc.
Experience Practitioner level or Fellow level – This level is for Member level members who want to upgrade from Member to Fellow by continuing along CIArb pathways programme in the chosen ADR area and will need to pass Modules 3 and 4 training and examination and a Peer Interview. In case Arbitration is selected, it can be upgraded to be Chartered Arbitrator which is more internationally recognized.
For those who wish to enter directly to Fellow level membership, they must have work expertise in writing Mediation Agreements/Heads of Agreements/Memorandum of Understanding and are experienced in arbitration or construction adjudication, or mediation (in a lead/sole mediator capacity) including settlement agreements, the management of proceedings and attending hearings which have resulted in the publication of a reasoned award or decision for at least 10 years. The Fellow level members have their right to add the suffix MCIArb at the end of their names in business cards or in letters, etc.
The next episode will introduce RICS (the Royal Institute of Chartered Surveyors) who promotes the international practices in the field of quantity survey, valuation, management and development of land, real estate, construction and infrastructure. If interested, please fellow…
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