Entries are now open for the 2024 CIArb Australia Essay Competition.
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.
You may wish to consider, for example, divergent rationales explored in the judgments referred to above, divergences across jurisdictions, or whether there are (or should be) any broader principles, guidance or standards that apply in relation to arbitrability, party autonomy, or otherwise.
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$1000, free registration to the 2025 Ciarb Australia Introduction To International Arbitration course . The winning essay will be published in the 2024 edition of The Ciarb Australia News.
The closing date for entries is Tuesday, 5 November 2024 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
For further information, please contact:
Gianna Totaro
Chief Executive Officer, Chartered Institute of Arbitrators (Australia) Limited
Email: info@ciarb.net.au