CIArb Australia Essay Competition - Chartered Institute of Arbitrators Australia

Entries are invited to the 2022 CIArb Australia Essay Competition.

This year’s topic has been prepared by Albert Monichino KC

The “admissibility” of claims has long been an accepted part of investor state arbitration jurisprudence. More recently, “admissibility” has been recognised in the international commercial arbitration space in common law jurisdictions, particularly in relation to (but not limited to) the failure to comply with pre-arbitration steps in a multi-tiered dispute resolution clause. Finding that a matter goes to “admissibility” has the result that the arbitral tribunal’s decision on the matter is not subject to review by the supervising court. However, there is no “bright line” between matters that go to “admissibility” and matters that go to “jurisdiction”.

How should that line be defined?

For example, was the tribunal’s decision (in the arbitration the subject of Chevron Australia Pty Ltd v CBI Constructors Pty Ltd [2021] WASC 323) that it was not functus officio during the 2nd phase of the arbitration (following an interim award on liability issues) from determining certain liability-related questions a question going to “admissibility” (as opposed to jurisdiction) and therefore was not reviewable by the supervising court?

Discuss.

Submissions are invited from students studying a Bachelor, Juris Doctor or Masters level law degree at the date the entry is submitted. The competition is also open to lawyers in their first five years of practice, who may be members and non-members of CIArb.

The winning author will be awarded a monetary prize of AU$500, free registration to the 2022 International Arbitration Conference on 7 November 2022 and the winning essay will be published on CIArb Australia’s website.

The closing date for entries is Wednesday, 2 November 2022 at 5:00 pm (AEDT).

All entries must be typed in a Word or text-searchable PDF document and clearly identified, including the author’s name, contact details and university/employer. Each entry must be sent by email to the Executive Officer, CIArb Australia at info@ciarb.net.au

The winning essay will be chosen by a judging panel comprised of members of the National Council of CIArb Australia.

Competition stipulations:

Entries must not exceed 3,500 words (including footnotes)
Entries must be the original and sole work of the entrant
All entries will be acknowledged but will not be returned and the organisers will accept no responsibility for the safekeeping of essays
All entries will be anonymised before submission to the judging panel
CIArb Australia reserves the right to publish any part of any essay submitted for the competition.

Evaluation Criteria

Assessment Criteria
Originality of Argument	The argument of the essay is to be original and innovative. The subject matter should be interesting and engaging. The essay should be persuasively argued throughout.
Quality of Knowledge and Analysis	The essay is to be convincing, substantiated and understandable. Contrary arguments should be anticipated and a good critical evaluation of materials must be demonstrated.
Quality and Depth of Research	The essay should be thoroughly researched and make effective use of resource materials. The selection and use of relevant sources in support of an argument should demonstrate a high level of investigation.
Quality of Structure and Writing	The essay should display a close attention to style and presentation. A clear and logical structure is to be used with precise and concise writing.

All Enquiries

Executive Officer

Email: info@ciarb.net.au