Events

  • November 19, 2024
    9:30 am - 5:00 pm

Accelerated Route To Membership Take the next step in your arbitration career and achieve a globally recognised accreditation. This course provides a fast-track route to Membership of Ciarb through the International Arbitration Pathway. As an in-person course, (more…)


  • November 29, 2024 - November 30, 2024
    9:30 am - 5:00 pm

Accelerated Route To Fellowship

Fast-track your way to Fellowship via the Accelerated Route to Fellowship International Arbitration program which carries a globally recognised qualification.

As an in-person program, candidates will experience the benefits of peer-to-peer networking and support, and tutoring from esteemed arbitrators and counsel.

When:Friday, 29 November – Saturday, 30 November 2024 In-person
Online Examination:Friday, 6 December 2024
Where:Council Chambers, Victorian Bar Association, Melbourne
Faculty:

Course Director, Dr Andrew Hanak KC
Barrister, List A Barristers

Prof Doug Jones AO RFD
Independent Arbitrator

Albert Monichino KC
Barrister, List A Barristers

Prof Jeffrey Waincymer
Independent Arbitrator

Raini Zambelli
Barrister, List A Barristers

* Please note, candidates can attend for free the following CPD event preceding the course to be held at MinterEllison on Thursday, 28 November: “In Conversation with Ciarb Fellows, The Hon Susan Crennan AC KC and Allan Myers AC KC  moderated by Leah Ratcliff, Lead Counsel, Dispute Resolution,

What is the aim of the course?

To provide a fast-track route to Fellowship through the International Arbitration Pathway. Upon successful completion of this course, you will be eligible to apply to become a Ciarb Fellow which is an internationally recognised and respected qualification.

The course has been designed for busy professionals who have substantial unassessed knowledge and experience of International Arbitration. The aim of the course is to assess whether the candidate has the knowledge required to apply the principles and procedures of the UNCITRAL Model Law and Arbitration Rules and is capable of writing a reasoned and enforceable International Arbitration Award.

This is an intensive in-person program with opportunities for role play, peer learning and feedback from experienced arbitrators. The course will include networking lunches and a CPD event with prominent arbitrator and Ciarb Fellow, Allan Myers AC KC on course eve.

Candidates must evaluate their personal suitability to undertake the course, appreciating that the assessments are intensive and that they will be assessed against standard benchmarks.

This course focuses on the process, practice and procedures in International Arbitration which is an essential requirement for qualification as a Fellow and for those who aim to practice as an International Arbitrator.

What are the learning outcomes?

On successful completion of this program, candidates will be able to:

  • Identify and explain in depth all the key elements of the international arbitration process;
  • Evaluate issues and apply the principles of the UNCITRAL Model Law appropriately;
  • Demonstrate practical skill in carrying out the tasks required in preparing for and progressing an
    international arbitration;
  • Demonstrate skill in controlling an international arbitration, communicating effectively with the parties; and
  • Applying the UNCITRAL Arbitration Rules and adopting appropriate procedures.

What is covered within the syllabus?

  • Arbitration agreements;
  • The legal framework: the importance of the seat, the New York Convention, procedural laws, and
    procedural rules;
  • Types of arbitration: ad-hoc, institutional, documents only, time limited;
  • Commencement of the arbitration, terms of reference;
  • Obligations of the Tribunal, responsibilities, and obligations of the parties;
  • An 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;
  • Security for costs;
  • Presenting the claim and the defence: alternative methods;
  • Preparation for and procedure at a typical hearing, contrasting common law and civil law jurisdictions;
  • Essentials of an enforceable Award; and
  • Costs and interest; alternative approaches in different jurisdictions.

How is the program delivered?

This is an assessment programme as opposed to a teaching module. Learning will be based on private study prior to the oral assessment workshop, reinforced by tutor input and peer discussion during the workshop. The course is delivered over a period of three days, with in-person assessment workshops on the first two days (29 – 30 November). On day three (6 December), candidates may commence their Award Writing assessment.

How will I be assessed?

Assessment of this program is split into three parts, all of which must be passed:

Assessment 1 (Oral Exercises)
An interactive 2-day assessment in a series of workshops, where situations will be presented to candidates in groups for their consideration.  Candidates’ knowledge, judgment and interactive/self-presentation skills are assessed by oral exercises. Candidates are permitted to use any materials they wish throughout the workshops.
This assessment is on a pass or fail basis. Candidates must pass all the workshop sessions. Candidates who fail the workshop will be required to re-sit this assessment.

Assessment 2 (Written Exercises)
Written exercises before and during the 2-day workshops:

  • one written exercise on arbitration law to be submitted before the assessment workshops (10%)
  • one written exercise on arbitration law to be submitted during the workshops (20%)
  • two written exercises to be submitted during the workshops (10% each)
  • one written exercise to be completed overnight (30%)
  • one final written exercise (20%)

Candidates must achieve a minimum overall mark of 55% to pass this assessment.

Assessment 3 (Award Writing Exam)
This assessment is completed via LearnADR, CIArb’s online learning platform. Candidates will be given 48 consecutive hours within a 5-day window (6 December  – 11 December) to submit their decision online. Candidates must achieve 70% to pass the assessment.

Full submission instructions will be provided by HQ for assessment 3 on 22 November.

Assessment 3 is split into 2 parts:

Stage One
This consists of the papers in the case. They are sufficient to enable you to grasp the nature of the case and the likely legal problems. Most of the documents are extracts only. You should consider the introductory sections you intend to include and the matters of law and fact disputed by the parties. Stage One of the assessment is released via LearnADR 10 days before the assessment start date.

Stage Two
This is the equivalent of the hearing stage. It includes your record of the meeting. This records the oral evidence and arguments the adjudicator has heard, as well as any other relevant documents. From all the evidence you must make findings of law and findings of fact. Different candidates will no doubt make different findings. This is of no consequence, except that it means there are a great many possible answers to the question. When you have made your finding, write the remaining parts of your Decision. It must be a final Decision as regards the issues you decide. Stage Two is released at 12pm noon London Time on the assessment start date via LearnADR too. Stage 2 will be available for 5 days from the assessment start date and within those 5 days, you will have 48 consecutive hours to submit your decision back onto LearnADR.

Results are dispatched to candidates approximately twelve weeks from the date of the submission of the assessment.

What are the entry requirements?

In order to register for the Accelerated Route to Fellowship, candidates must submit evidence to show:

  • They have a minimum of 5 years of practical experience of international arbitration either as a representative or an international arbitrator;
  • They have substantial knowledge of the framework of international arbitration;
  • They can recognise and evaluate evidence;
  • They can significantly evaluate and apply the principles and requirements of an international arbitration;
  • They can noticeably demonstrate practical skill in the carrying out of tasks required in preparing for and progressing an international arbitration.

Once accepted onto the program, we highly recommend that non-lawyers first complete the Module 2 Law of Obligations Exemption Test prior to commencement of the Accelerated Route To Fellowship in order to ensure they are familiar with both common and civil law legal principles. Access to the exemption test will be given free of charge.

What is the course fee and what does it include?

The course fee per candidate is A$3,500 (GST incl)
This covers registration to the course, study materials, tutorials, = catering including offsite networking lunches and free entry to the aforementioned CPD event to be hosted by MinterEllison on 28 November.
The Award Writing exam is a separate fee of GBP £408 to be paid to Ciarb HQ by 21 November.

What happens when I register for the course?

Upon successful registration on the course, candidates will receive confirmation that they are booked. Joining instructions and course materials will be sent to candidates prior to the course start date by email on the condition that full payment has been received.

Candidates will be provided with an electronic copy of a Workbook to assist them with their studies together with a suggested reading list. It is recommended that candidates are familiar with the UNCITRAL Model Law and Arbitration Rules and the substantive law in their respective jurisdiction together with the relevant Act(s) and Scheme(s) and important case decisions (where applicable). Candidates should also refer to the recognised standard textbooks to supplement their study in their respective jurisdiction where these are available.

What is Ciarb’s policy on cancellation of courses?

Ciarb reserves the right to cancel or change the date, venue or content of courses 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 sent in writing to info@ciarb.net.au. Cancellation charges apply. Please refer to below.

Fee Terms and Conditions

  • Any cancellation received in writing two (2) weeks or more prior to the course start date will be subject to a cancellation charge of 50% of the course fee:
  • There is no refund for cancellations within two (2) weeks before the course start date: and
  • Full payment of the registration fee will apply to any “no-show” by a registered candidate.

What is my next step when I complete the course?

On successful completion of this course, candidates will:

  • be eligible to apply for Member grade of CIArb, and take advantage of a range of educational and professional benefits and
  • be eligible for a Peer Interview for Fellowship.
  • Candidates are only eligible to apply for the relevant membership grade for a maximum of 2 years after having successfully completed the course and assessment; and
  • Have their CV and contact details publicised on the Ciarb Australia website’s Panel of Fellows.

Important Dates

  • Course Registration Deadline: 14 November, 2024
  • Pre-Course Assignment Release Date: 15 November, 2024
  • Pre-Course Submission Date: 29 November, 2024
  • Payment for the Award Writing Exam: 21 November, 2024
  • Stage 1 release date for the Award Writing Exam: 26 November, 2024
  • Stage 2 release date for the Award Writing Exam: 6 December, 2024

Candidates will receive a Welcome Pack which will include course schedule and logistics upon registration.

For further information, please contact:
Gianna Totaro
Chief Executive Officer, Chartered Institute of Arbitrators (Australia) Limited
Email: info@ciarb.net.au