We have a winner!
Congratulations to Paivi Adeniyi, Solicitor, DLA Piper Australia, Brisbane, Winner of the 2025 Ciarb Australia Essay Competition.
Paivi has won a place at the next Introduction To International Arbitration course to be delivered on 10 September 2025.
Ciarb Australia Essay Topic
This year’s topic has been prepared by Dr Drossos Stamboulakis, Ciarb Fellow, Barrister and Senior Lecturer, Monash University.
Recent case law has considered the issue of arbitrability from a range of perspectives, exploring the boundary between a jurisdiction by consent of the parties, and the intersection with public policy or sovereign power.
For example:
- The Privy Council explored the intersection in the context of winding-up petitions in a shareholders dispute, and insolvency proceedings.
- The Australian High Court has also explored the intersection in an analogous context between forum selection clauses and the Australian Consumer Law (in Karpik v Carnival plc [2023] HCA 39) and the intersection between proportionate liability and arbitration (in Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2024] HCA 24), where the majority (Edelman and Steward JJ dissenting) determined that the South Australian proportionate liability regime applies to arbitral proceedings.
Discuss.
Ciarb Australia Essay Winner: Paivi Adeniyi, Solicitor, DLA Piper Australia, Brisbane
Winning Entry: Party Autonomy and the Limits of Arbitrability: A Stoppable Force Meets an Immoveable Object
Ciarb Australia Essay Judge: Dr Drossos Stamboulakis, Ciarb Fellow, Barrister and Senior Lecturer, Monash University
Judge’s Comments: View here
We will soon be launching the 2026 Ciarb Australia Essay Competition.
All Enquiries
For further information, please contact:
Gianna Totaro
Chief Executive Officer, Chartered Institute of Arbitrators (Australia) Limited
Email: info@ciarb.net.au