Business, Commerce and Management Studies Human Resources

Manage And Conduct An Arbitration Process Training

SAQA US 119941 | NQF 5 | Credits 12 | Duration 9 Days
From $1,798 per delegate

Description

This course equips learners with the knowledge and skills to effectively manage and conduct arbitration processes in accordance with South African legislation and best practices. Participants will gain the competence to facilitate fair and efficient resolution of disputes through arbitration, ensuring procedural integrity and legally sound outcomes.

Learning Outcomes

  • Apply the principles and legal framework governing arbitration in South Africa.
  • Analyze dispute scenarios to determine suitability for arbitration and appropriate procedures.
  • Design an arbitration process including terms of reference, timelines, and procedural rules.
  • Implement arbitration hearings by managing evidence, witnesses, and submissions effectively.
  • Evaluate the arbitration outcome and draft an enforceable arbitration award.
  • Demonstrate ethical conduct and impartiality throughout the arbitration process.

Target Audience

This course is designed for dispute resolution practitioners, legal advisors, human resource professionals, and managers who are responsible for conducting or overseeing arbitration proceedings within their organizations or as independent practitioners.

Prerequisites

None — open enrollment.

Course Outline

Day 1: Introduction to Arbitration and the Legal Framework

Objectives:
• Understand the role of arbitration in dispute resolution.
• Identify the legal framework governing arbitration in South Africa.
• Differentiate between arbitration, mediation, and litigation.
• Recognise key principles of the Arbitration Act and related legislation.

Topics:
• Definition and purpose of arbitration.
• Overview of alternative dispute resolution (ADR) methods.
• The Arbitration Act 42 of 1965 and recent amendments.
• International influences: UNCITRAL Model Law.
• Role of the arbitrator and parties.
• Ethical considerations for arbitrators.

Day 2: The Arbitration Agreement and Jurisdiction

Objectives:
• Draft a valid arbitration agreement.
• Understand the principle of kompetenz-kompetenz.
• Determine the scope and limits of arbitral jurisdiction.
• Identify grounds for challenging jurisdiction.

Topics:
• Essential elements of an arbitration agreement.
• Separability of the arbitration clause.
• Kompetenz-kompetenz doctrine.
• Jurisdictional challenges and court intervention.
• Multi-tiered dispute resolution clauses.
• Practical drafting exercises.

Day 3: Appointment of the Arbitrator and Preliminary Steps

Objectives:
• Apply criteria for selecting an arbitrator.
• Understand the appointment process.
• Conduct a preliminary meeting and set procedural timelines.
• Manage conflicts of interest and challenges.

Topics:
• Selection criteria: qualifications, impartiality.
• Appointment procedures (institutional vs ad hoc).
• Preliminary meetings and procedural orders.
• Managing conflicts of interest.
• Security for costs and deposits.
• Case management techniques.

Day 4: Conducting the Arbitration Hearing – Evidence and Procedure

Objectives:
• Apply rules of evidence in arbitration.
• Manage witness testimony and documentary evidence.
• Conduct procedural hearings effectively.
• Ensure fairness and due process.

Topics:
• Evidence in arbitration: admissibility and weight.
• Witness statements and cross-examination.
• Document production and discovery.
• Procedural orders and timetables.
• Hearing conduct and decorum.
• Recording and transcription.

Day 5: Interim Measures and Emergency Arbitrator

Objectives:
• Understand interim measures available in arbitration.
• Apply for and respond to interim relief.
• Recognise the role of emergency arbitrator.
• Coordinate with courts for enforcement.

Topics:
• Types of interim measures.
• Standards for granting interim relief.
• Emergency arbitrator provisions.
• Court-ordered interim measures.
• Security and costs.
• Practical scenarios.

Day 6: The Arbitral Award – Deliberation and Drafting

Objectives:
• Understand the requirements for a valid award.
• Draft clear and enforceable awards.
• Apply deliberation techniques.
• Identify grounds for setting aside an award.

Topics:
• Types of awards: final, interim, consent.
• Requirements: form, content, reasons.
• Deliberation process.
• Drafting award with reasoning.
• Correction and interpretation of awards.
• Setting aside awards under the Act.

Day 7: Enforcement of Arbitral Awards and Challenges

Objectives:
• Navigate the enforcement process of domestic awards.
• Understand the New York Convention for foreign awards.
• Identify grounds for refusal of enforcement.
• Manage post-award challenges.

Topics:
• Enforcement of domestic awards.
• Recognition and enforcement under New York Convention.
• Grounds for refusal of enforcement.
• Appeals and setting aside.
• Practical enforcement steps.
• Case studies.

Day 8: Complex Arbitration Issues and Ethics

Objectives:
• Handle multi-party and multi-contract arbitration.
• Manage complex procedural issues.
• Apply ethical standards for arbitrators.
• Address challenges of diversity and bias.

Topics:
• Multi-party arbitration.
• Consolidation and joinder.
• Complex procedural issues.
• Ethical duties: impartiality, disclosure.
• Bias and challenges.
• Diversity and inclusion in arbitration.

Day 9: Practical Integration and Mock Arbitration

Objectives:
• Integrate all skills in a simulated arbitration.
• Draft an award based on mock hearing.
• Receive feedback on performance.
• Prepare for real-world arbitration practice.

Topics:
• Mock arbitration scenario.
• Pre-hearing conference.
• Conduct of hearing.
• Deliberation and award drafting.
• Feedback and debrief.
• Action plan for professional development.

Practicals

No practicals for this training.

This course is made up of exercises and case studies delivered alongside the theory — no separate practical sessions are required to complete it.

Summatives

Each delegate is assessed continuously throughout the course and a final summative test at the end.

Daily Exercises — 30%

Every training day ends with a multiple-choice exercise scored out of 100%. The scores from each daily exercise are averaged across the duration of the course to produce a Daily Average mark, which contributes 30% to the final total.

Final Test — 70%

On the last day a final summative test is written. It is a multiple-choice paper with multiple-answer questions: each question may have more than one correct option, and a single wrong selection on a question marks the entire question wrong — no partial credit. The final test is scored out of 100% and contributes 70% to the overall mark.

Final Total
Component Out of Weight
Daily Average (multiple choice) 100% 30%
Final Test (multi-answer multiple choice) 100% 70%
Final Total 100%

All marks are recorded on the AATICD LMS and visible to each learner under their account.

Certificate

Certificate of Completion

Awarded to delegates who achieve an overall mark of 50% or higher on the Final Total (Daily Average 30% + Final Test 70%).

How it works
  • Certificates are auto-generated on the AATICD LMS as soon as the marks pass the 50% threshold.
  • Each certificate is a branded PDF with the delegate's name, the course title, the unit standard ID, NQF level, credits, and the date of issue.
  • You can download or print your certificate from your LMS dashboard at any time after issue — there's no reissue fee and no expiry date.
  • If you scored under 50% you can sit the final test again at the next scheduled session at no extra cost.
Where to find it

Sign in to the LMS, open your dashboard, and your certificates appear under My Certificates. Each entry has a View / Download button and a print option.

Training Discounts

Group discounts apply automatically — the more delegates you enrol, the greater the saving. Discounts are calculated at 3% per 5 delegates, scaling up to 40% off for 100+ delegates.

Delegates Discount
5 3% off
10 6% off
15 9% off
20 12% off
25 15% off
30 18% off
50 30% off
75 35% off
100 40% off

3% discount per 5 delegates, up to 40% off for 100+ delegates. Contact us for a custom group quote.

Upcoming Training Sessions
Online training — attend live sessions from anywhere via our virtual classroom.
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Mon 07 Sep 2026 Thu 17 Sep 2026 Virtual Spring 2026 $1,798 Register
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Wed 29 Dec 2027 Mon 10 Jan 2028 Virtual Summer 2027 $1,798 Register
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Thu 28 Oct 2027 Tue 09 Nov 2027 Your Premises Spring 2027 $2,338 Register
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Thu 06 Jan 2028 Tue 18 Jan 2028 Your Premises Summer 2027 $2,338 Register
Wed 26 Jan 2028 Mon 07 Feb 2028 Your Premises Summer 2027 $2,338 Register
Training Discounts
Delegates Discount
5 3% off
10 6% off
15 9% off
20 12% off
25 15% off
30 18% off
50 30% off
75 35% off
100 40% off

3% off per 5 delegates, up to 40% for 100+

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