- March 18, 2020 - March 19, 2020
8:00 am - 5:00 pm
This two-day course is a pathway to Membership status of CIArb (MCIArb). CIArb accreditation carries a global qualification in the growing practice of international arbitration.
What is the aim of the course?
To provide a fast-track route to Membership through the International (ie non-domestic) Arbitration Pathway. The Accelerated Route to Membership has been designed for busy, legally qualified professionals who have some unassessed knowledge of international arbitration. The aim of the program is to assess whether the candidate has the knowledge required to understand the process of international arbitration.
Candidates must evaluate their personal suitability to undertake the program, appreciating that the assessments are intensive and that they will be assessed against standard benchmarks.
The program covers the law underpinning the process and procedure of international arbitration. It is therefore valuable for anyone who is conversant with the law and practice of international arbitration generally, whether as a party or party representative. It is also an essential step for anyone aiming for Fellowship and for those who aim to practice as an arbitrator.
What are the learning outcomes?
On successful completion of this program candidates will be able to:
- Explain the principles and specific legal requirements in an international arbitration:
- The legal framework including limitations of matters that may legally be arbitrated;
- The contractual nature of the appointment of an arbitrator;
- The rights, duties and responsibilities of a party to an arbitration;
- The range and limitations of an arbitrator’s powers and jurisdiction;
- The methods of initiating and processing an arbitration;
- The relevance of the court regarding all stages in an arbitration;
- The requirements of an enforceable award;
- Evaluate and apply the principles and legal requirements of an international arbitration;
- Identify, explain and apply the legal procedural principles, rules and arguments relevant to the conduct of an international arbitration.
What is covered within the syllabus?
- Fundamental principles of the arbitration process;
- The UNCITRAL Model Law and Arbitration Rules;
- The arbitration agreement;
- Commencement of an arbitration and appointment of an arbitrator;
- Obligations of the tribunal, responsibilities and obligations of the parties;
- An arbitrator’s jurisdiction and powers;
- The arbitration process: meetings, timetable, submissions, experts, disclosure, hearings;
- The powers of the court;
- Interest and costs;
- Essentials of an enforceable award; and
- Challenges, appeals and enforcement.
How is the program delivered?
This is an assessment program 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 program is delivered over a period of two days, with assessment workshops on Day One and an examination on Day Two. The program dates advertised are the dates when candidates will be required to attend the assessment workshops and examination.
How will I be assessed?
Assessment of this program is split into three parts:
- Assessment 1: An interactive 1 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.
- Assessment 2: A written assignment to be submitted before the program (20%).
- Assessment 3: A 3 hour closed book examination (plus 10 minutes reading time) split into two parts:
(Part One) Is a case study exercise with a number of questions that candidates will be required to answer. Available marks 40%. (Part Two) Will consist of five questions, candidates are required to select and answer three. Available marks 60% (20% per question).
Details of the assessment are as follows:
- Assessment 1 (Workshop). 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 (Assignment). This assessment is not on a pass or fail basis. The mark achieved will contribute up to 20% of the final mark.
- Assessment 3 (Examination). This assessment is on a pass or fail basis. Candidates must achieve a minimum of 55%. Candidates who fail the examination will be required to re-sit the examination.
- The overall assessment is based upon the combined marks of Assessment 2 and Assessment 3. Candidates must achieve a minimum overall mark of 55% to pass the program.
The examination is closed book; no materials are permitted in the examination room except for an unmarked copy of the UNCITRAL Model Law (incorporating the 2006 amendments) and Arbitration Rules (2010 revision). Highlighting and underlining is permitted. Candidates are permitted to use any materials they wish throughout the workshops.
Results are dispatched to candidates normally eight to twelve weeks from the date of the submission of the examination.
What are the entry requirements?
In order to register onto the Accelerated Route to Membership, candidates must demonstrate that:
- They have knowledge of the framework of international arbitration;
- They can evaluate and apply the principles and requirements of an international arbitration;
- They can demonstrate awareness of the practical tasks required in preparing for and progressing an international arbitration.
English Language Competence – CIArb training and assessment is carried out in English it is therefore essential that candidates are proficient in both written and spoken English. Where English is not a candidate’s first language it is recommended that they have achieved a standard that is, as a minimum, equivalent to the International English Language Testing System (IELTS) level 7 or a score of 94 -101 in the Test of English as a Foreign Language (TOEFL) system. CIArb issues this advice as a guideline and, while it will not require any evidence of this standard prior to enrolment on a course, candidates who do not have this standard of English may be disadvantaged.
What is my next step when I complete the course?
On successful completion of this program, candidates:
- Will be eligible to apply for Member grade of CIArb, and take advantage of a range of educational and professional benefits.
- May progress onto Module 3 of the International Arbitration Pathway after successfully completing an online exemption test for Module 2. To undertake the Module 2 Exemption Test please contact the Education and Training team at education@ciarb.org to request to be given access to the Exemption Test on the LearnADR learning platform.
Course Time
The course is delivered over two days Wednesday, 18 March 2020 (9:00 am to 6:00 pm) and the exam on Thursday, 19 March 2020 (9:00am for exam at 9.30 am to 12:40pm).
Key Dates
Sunday 23 February 2020 | Closing Date for Registration |
Tuesday 3 March 2020 | Course Materials provided to students |
Tuesday 3 March 2020 | Assignment (20%) released to students |
Tuesday 17 March 2020, 4:00pm | Submission of Assignment Due |
Wednesday 18 March 2020 | Course (including Workshop component) |
Thursday 19 March 2020 | Examination (3 hours) (80%) |
Faculty
Dr Vicky Priskich (Course Director), Barrister and Arbitrator, Victorian Bar.
Jo Delaney (Tutor), Partner, Dispute Resolution, Baker McKenzie.
Course Venue
Herbert Smith Freehills
ANZ Tower, 161 Castlereagh Street
Sydney, Australia
Course Fee
The course fee is AU$2,865 (incl GST) which covers cost of tutorials, course materials, lunch and morning/afternoon tea and exam assessment fee charged by CIArb (London).
To register for this course, please click here
Assessment Fee Only
Candidates who wish to re-sit the ARM exam assessment (i.e. for former ARM candidates only) must pay an assessment fee of £174.
To register to re-sit the exam assessment only, please click here
Places are strictly limited and registrations close on Sunday, 23 February 2020.
For further information, please contact:
Chartered Institute of Arbitrators (Australia) Limited
Email: info@ciarb.net.au
About the Chartered Institute of Arbitrators
Since 1915 and with over 16,000 members worldwide in over 130 countries operating in over 250 commercial sectors, the Chartered Institute of Arbitrators exists for the global promotion, facilitation and development of all forms of private dispute resolution. In addition to providing education, training and accreditation for arbitrators, mediators and adjudicators, CIArb acts as an international centre for practitioners, policymakers, academics and businessmen. CIArb Australia is one of 40 branches offering institute members a prestigious, globally-recognised qualification and access to a global professional community and regular networking opportunities. www.ciarb.net.au