Advanced Arbitration Training for Senior
Judges
Professional Oxford Certification Curriculum
Program purpose
This program prepares senior judges, appellate judges, and experienced judicial officers to
conduct commercial arbitration fairly, efficiently, and independently. It builds on their existing legal expertise
while addressing the contractual foundation of arbitration, the limits of arbitral authority, and the requirements
for issuing an enforceable award.
Duration: 24 instructional hours over three days, followed by an
independently completed, assessed award-writing exercise.
Admission: Current or retired judges with substantial judicial
experience. Course materials should be adapted to the applicable jurisdiction and selected institutional
arbitration rules.
Learning outcomes
Upon successful completion, participants should be able to interpret arbitration agreements,
determine jurisdiction, manage conflicts and disclosures, conduct fair proceedings, evaluate evidence, and draft a
reasoned arbitration award.
Day One: Arbitral Authority and Professional Responsibilities
|
Module |
Hours |
Topics
and practical work |
|
1. Transition from Judge to Arbitrator |
2 |
Arbitration as a consensual process; differences between judicial and arbitral powers; party autonomy;
institutional and ad hoc arbitration; domestic and international commercial disputes. Exercise:
identify actions an arbitrator may take only with contractual or legal authority. |
|
2. Arbitration Agreements and Jurisdiction |
3 |
Validity and scope of arbitration clauses; arbitrability; separability; competence-competence; seat of
arbitration; applicable substantive and procedural law; objections involving parties, claims, and
appointment procedures. Exercise: prepare a reasoned jurisdictional ruling. |
|
3. Ethics, Independence, and Impartiality |
3 |
Conflicts checks; initial and continuing disclosures; repeat appointments; communications with parties;
challenges and replacement; confidentiality obligations; fees; eligibility of sitting judges to accept
appointments under applicable judicial rules. Exercise: evaluate disclosure and recusal scenarios. |
Day Two: Managing Proceedings and Conducting Hearings
|
Module |
Hours |
Topics
and practical work |
|
4. Preliminary Conference and Case Management |
3 |
Terms
of appointment; claims and defenses; procedural timetables; proportionality; document production;
confidentiality arrangements; interim measures and the respective powers of tribunals and courts;
remote proceedings. Exercise: draft a first procedural order. |
|
5. Evidence and Hearing Procedure |
3 |
Documentary and electronic evidence; privilege; factual and expert witnesses; examination and
cross-examination; evidentiary discretion under applicable rules; equal treatment and a meaningful
opportunity to present a case; absent or nonparticipating parties. Exercise: rule on contested evidence
and hearing objections. |
|
6. Simulated Arbitration Hearing |
2 |
Participants serve as tribunal members, counsel, and witnesses in a commercial dispute. Faculty
assess hearing management, impartiality, procedural judgment, and treatment of the parties.
|
Day Three: Decisions, Awards, and Enforceability
|
Module |
Hours |
Topics
and practical work |
|
7. Deliberation and Decision-Making |
2 |
Identifying issues; allocating burdens of proof; evaluating competing evidence; applying governing law;
multi-member tribunal deliberations; majority decisions and dissent where permitted; deciding within
the submitted claims and requested relief. Exercise: tribunal deliberation on the simulated case. |
|
8. Drafting Reasoned Arbitration Awards |
4 |
Required award formalities; procedural history; jurisdiction; findings of fact; legal analysis;
remedies; interest and costs; operative provisions; signatures, date, and seat; partial, final, and
consent awards; correction and interpretation. Exercise: draft and review key sections of an
award. |
|
9. Recognition, Enforcement, and Challenges |
2 |
Applicable domestic arbitration legislation; the New York Convention where relevant; grounds for
setting aside or refusing enforcement; procedural fairness; excess of authority; public policy;
tribunal responsibilities after delivery of the award. Exercise: identify and correct defects in a
sample award. |
Teaching method
Instruction combines faculty presentations, guided discussions, procedural drafting, ethical
scenarios, and a simulated hearing. Participants use one continuing commercial dispute throughout the course,
progressing from appointment and jurisdiction through hearing and final award.
Assessment
|
Component |
Weight |
|
Jurisdictional ruling and procedural order |
20% |
| Ethics
and disclosure exercise |
15% |
|
Performance in the simulated hearing |
25% |
|
Independently drafted, reasoned final award |
40% |
|
Total |
100% |
The final award should be submitted within 14 days after instruction. It should demonstrate
sound reasoning, compliance with the selected rules, clear findings, and precise operative provisions.
Proposed completion requirements
Participants must complete all 24 instructional hours, submit every assessment, achieve an
overall score of at least 75%, and achieve at least 75% on the final award. Material failures involving
impartiality, procedural fairness, or exceeding tribunal authority require correction and reassessment.
Faculty and materials
Faculty should include experienced commercial arbitrators and arbitration counsel, with
judicial ethics expertise where sitting judges participate. Materials should include the applicable arbitration
statute, selected institutional rules, relevant international instruments, disclosure guidance, sample procedural
orders, and model award structures.
Certification
Oxford Law Certification in Advanced Arbitration Practice for High Judges
The certificate records successful completion of the training and assessments. Appointment
to an arbitral panel, permission to undertake outside judicial work, and recognition by an arbitration institution
remain subject to that body’s separate requirements.
|