PAM - CIArb ROUTE TO ARBITRATOR COURSE - SAMPLE EXAMINATION
Time allowed: 3 hours.
Please complete the Identification cover sheet on the front of your answer book.
Candidates are permitted to bring any relevant material into the examination room.
You are asked to write a Reasoned Award and refer to all the information contained In the papers sent to you prior to the examination and in the Extracts from the Arbitrator's Notebook which is attached.
Candidates should answer this examination paper on the basis of the current state of the law of Malaysia.
Please: remember not to use your own name when signing the award. You should use the fictitious name supplied in the information.
AWARD WRITING EXERCISE
You are asked to write a Reasoned Award based on the papers enclosed (pages 2-22) and the Arbitrator's Notebook which will be made available to you at the start of the examination.
You may, using the information provided prior the examination, work on any aspect of your final submission before the date of the examination. This work, including any draft of the recitals in as far as you have been able to complete them from the information already provided, may be taken into the examination room and, if you so wish, be submitted as part of the final script However you should not assume that any of your final script can be completed prior to the examination.
Note: Please remember not to use your own name when signing the Award. You should use the fictitious name supplied in the information.
Candidates should not assume that information given in the enclosed papers will remain unaltered at the hearing.
PLEASE BRING THESE PAPERS WITH YOU TO THE EXAMINATION.
On 10 January 2017 you, I.M Abel, were appointed by the President of the National Institute of Interior Designers (Pertubuhan Pereka Dalaman Nasional) (PPDN) to be the arbitrator in this dispute. The PPDM have sent you a copy of the form sent with the application made by the Claimant for the appointment of an arbitrator. The form indicated that the dispute concerns the interior design of a suite of offices and that approximately RM21,500.00 is in issue. The contract terms, including the arbitration clause, is set out in the enclosed bundle of documents.
You invited the parties to a preliminary meeting but their solicitors suggested that a meeting would incur unnecessary costs and they agreed directions which they asked you to confirm.
Pleadings and witness statements, enclosed with these papers, were served in accordance with the agreed directions. In accordance with the parties' agreement you also gave directions for discovery and for the service of witness statements. Neither party has requested directions concerning expert witnesses.
A hearing has been arranged to be held at Pertubuhan Akitek Malaysia (PAM), 99-L Jalan Tandok, Bukit Bangsar, 59100 Bangsar, Kuala Lumpur on 21 February 2017 with two days reserved.
The parties have asked that your award should have reasons for your decision.
IN THE MATTER OF THE ARBITRATION ACT 2005