Diploma in Islamic Banking & Finance Arbitration

Course Information Sheet

The Diploma in Islamic Banking & Finance Arbitration is being held on
th th
Saturday 5 September – Sunday 13 September 2015 (inclusive), in Kuala Lumpur, Malaysia

Diploma (including assessment)

The Diploma course is designed to provide a thorough understanding of the practice and procedure of Islamic Banking
& Finance and the role of Arbitration within it. The course is being launched in September 2015 and will be an
internationally recognised course, likely to attract candidates from a number of jurisdictions, including Malaysia,
Singapore, Indonesia, the Middle East, the Americas, Europe and the UK. The Diploma course is being conducted
jointly with INCEIF - The Global University of Islamic Finance, and will be awarded by CIArb.

The Diploma Course Directors are Prof. Dr Nayla Comain- Obeid FCIArb, Chartered Arbitrator (Vice - President of
CIArb, CIArbs’s Trustee for the Middle East and Indian Sub-Continent, and Founding Partner Obeid Law Firm) and
Professor Saiful Azhar Rosly (Director, Centre of Consulting & Executive Programmes at INCEIF - The Global University
of Islamic Finance); all tutors and examiners are a mix of international Islamic Banking & Finance practitioners, lawyers
and international arbitrators. The faculty will also include, Assoc. Prof. Dr Ahcene Lahsasna, Adj. Prof Mohamed Ismail
Shariff FCIArb, Prof. Dr Mohamed Abdel Wahab MCIArb (Head of International Arbitration, Zulficar Partners) and
Professor Adnan Amkhan Bayno FCIArb (Head of Chambers, Mena Chambers) .

What are the learning outcomes?

On successful completion of this diploma course candidates will be able to:
 Identify and explain in depth all the key elements of the Islamic Banking & Finance arbitration process;
 Evaluate issues and apply the principles applicable to Islamic Banking & Finance appropriately;
 Demonstrate practical skill in carrying out the tasks required in preparing for and progressing an Islamic
Banking & Finance International Arbitration;
 Demonstrate skill in engaging in an International Arbitration, communicating effectively with the parties,
applying the appropriate arbitration rules and adopting appropriate procedures.

What is covered in the syllabus?

 Shariah - Foundations for Islamic Banking & Finance for Arbitrators;
 The Islamic financial system and its various components with emphasis on Islamic Banking & Finance;
 Financial infrastructure of Islamic Banking & Finance in terms of its regulatory, legal and Shariah frameworks;
 Islamic Banking & Finance products including deposit, financing and investment operations.
 Legal Documentation for Islamic Banking & Finance products for Arbitrators;
 International Arbitration as distinguished from other forms of dispute resolution;
 Privacy and confidentiality;
 The Role of state courts in support of the arbitral process;
 Arbitration agreements;
 The legal framework: the importance of the seat, the New York Convention, procedural laws/rules,
substantive laws/norms and the Rome Regulation;
 Types of Arbitration: ad-hoc, institutional, documents only, time limited;

Contact Us: To register for a course or for more information, please contact the Education & Training Team
CIArb, 12 Bloomsbury Square, London, WC1A 2LP, UK

T: + +44 (0)20 7421 7439 F: +44 (0)20 7404 4023 E: education@ciarb.org W: www.ciarb.org

Registered Charity: 803725

 Commencement of the Arbitration, terms of reference;
 The Arbitrator’s terms and conditions of appointment;
 Obligations of the tribunal, responsibilities and obligations of the parties;
 The Arbitrator’s jurisdiction and powers;
 Challenges to jurisdiction, conflicts of interest;
 Managing the Arbitration process: communications, preliminary meeting, interlocutory matters, dealing with
factual and opinion evidence and disclosure of documents;
 Arbitral awards and essentials for an enforceable award;
 Costs, offers and interest; alternative approaches in different jurisdictions;

How is the course delivered?

The course is delivered over nine intensive days, with a combination of lectures, tutorials and discussion workshops
dealing with Islamic Banking & Finance arbitration law, practice and procedure. The course is being conducted at the
Kuala Lumpur Regional Centre for Arbitration (KLRCA), Bangunan Sulaiman, Jalan Sultan Hishamuddin, 50000, Kuala
Lumpur, Malaysia.

How will I be assessed?

Assessment consists of a written examination on Islamic Banking & Finance Arbitration Practice and Procedure to be
taken at a given time after the course has completed.

The examination is on a pass or fail basis. Candidates must achieve a minimum of 55% to pass. Candidates who fail
the examination will be required to re-sit the examination.

Results are expected to be dispatched to candidates eight to ten weeks from the date of the exam.

What are the entry requirements?

 Members or Fellows of the Chartered Institute of Arbitrators who have experience of domestic arbitration
practice and wish to extend their knowledge to include Islamic arbitration procedures.
 Individuals with similar experience including in-house counsel, judges, practising lawyers and other
professionals who are familiar with legal reasoning and concepts and are involved in arbitration (domestic or
international) and who wish to increase their knowledge and understanding of Islamic Finance arbitration.

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 (TEFL)
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 at a disadvantage.

What is the course fee and what does it include?

The Diploma in Islamic Banking & Finance Arbitration course fee is £4,500 + local tax if applicable.
The fee includes:
 registration on the Diploma Course
 the first attempt at the Islamic Banking & Finance Arbitration Practice and Procedure examination
 study materials
 social events
 if accommodation is required there is a corporate rate available through KLRCA.

Candidates are advised to refer to the Fee Sheet which details other fees that may be relevant.

Contact Us: To register for a course or for more information, please contact the Education & Training Team
CIArb, 12 Bloomsbury Square, London, WC1A 2LP, UK

T: + +44 (0)20 7421 7439 F: +44 (0)20 7404 4023 E: education@ciarb.org W: www.ciarb.org

Registered Charity: 803725

Overseas candidates must make all necessary arrangements for any visa requirements when travelling to Malaysia.
Visa arrangements should be made as early as possible as refunds cannot be made due to inadequate visa
arrangements. Please note that the CIArb is not able to assist with obtaining entry visas.

What happens when I register for the course?

Upon successful registration on the course, candidates will receive confirmation they are booked on the course.
Joining instructions will be sent to candidates approximately 2 weeks before the course start date.

Candidates are encouraged to purchase the following books prior to the start of the course:

In relation to arbitration books and references, we can recommend:

1. Redfern and Hunter on International Arbitration; and

2. Islamic Financial System – Principles & Operations, ISRA, ISBN: 978-967-349-203
3. Shar’iah Non-compliance Risk Management and Legal Documentations in Islamic Finance, Assoc. Prof. Dr
Ahcene Lahsasna, Wiley Finance Series, ISBN: 978-1-118-79680-1
4. The Law of Business Contracts in the Middle East, Prof. Dr Nayla Comain-Obeid, Kluwen Law International.

What is CIArb’s policy on cancellation of courses?

CIArb reserves the right to cancel or change the date, venue or content of programmes and the names of speakers,
lecturers and tutors. Candidates will be provided with adequate notice of any change. If CIArb has to cancel a course,
candidates will be provided with a full refund or the opportunity to transfer their registration to the next course.
Should a candidate wish to cancel their registration of a course, notification must be received in writing to
education@ciarb.org. Cancellation charges apply. Please refer to the Fee Sheet.

What is my next step when I complete the course?

On successful completion of the Diploma course, candidates:
 may be eligible to claim CPD points if the course has contributed to members’ development, and evidence of
participation is provided, it may count as part of the CPD requirement for CIArb, Solicitors Regulation
Authority, Bar Standards Board, ACCA, CILEX, ICE and RIBA and your regulatory authority;
 may use the designatory letters MCIArb
 will be awarded a Diploma in Islamic Banking & Finance Arbitration.
 will be able to progress onto the Module 4 Award Writing course of the International Arbitration pathway.

Contact Us: To register for a course or for more information, please contact the Education & Training Team
CIArb, 12 Bloomsbury Square, London, WC1A 2LP, UK

T: + +44 (0)20 7421 7439 F: +44 (0)20 7404 4023 E: education@ciarb.org W: www.ciarb.org

Registered Charity: 803725