Introduction to International Arbitration

Due to the success in Brisbane 2015 and Perth 2016CIArb Australia will be conducting the Introduction to International Arbitration course in 2017.  We are  pleased to announce it will be hosted by the Melbourne Commercial Arbitration and Mediation Centre in Melbourne, Victoria on Saturday, 17 June 2017.  In addition to sessions being conducted by prominent arbitration experts and practitioners, the course will feature addresses by Guest Speakers.

What is the aim of the course?

To provide an understanding of the general principles of international (ie non-domestic) arbitration and its relationship to other dispute resolution processes. The course will provide candidates with an introduction to the legal framework of, and good practice and procedure in, international arbitration in their jurisdiction.

What are the learning outcomes?

On successful completion of this course candidates will be able to:

  • Understand the background to international arbitration;
  • Describe the process and procedure of international arbitration;
  • Understand international arbitration in the context of other forms of dispute resolution.

What is covered within the syllabus?

  • Comparison of dispute resolution procedures;
  • Fundamental principles of the international arbitration process;
  • The UNCITRAL Model Law and Arbitration Rules;
  • Arbitration rules: time-limited, institutional, industry standards, industry schemes and ad hoc agreements;
  • Arbitration procedures: documents only and oral hearings;
  • The legal framework: the importance of the seat, the New York Convention, procedural laws and rules;
  • The arbitration agreement;
  • Commencement of the arbitration;
  • An arbitrator’s jurisdiction and powers;
  • The arbitration process: obligations of the tribunal, responsibilities and obligations of the parties;
  • Managing the arbitration process: communications, preliminary meeting, interlocutory matters, dealing with factual and opinion evidence and disclosure of documents including introduction to the IBA Guidelines;
  • Presenting the claim and the defence: alternative methods;
  • Procedure at a typical hearing, including contrasting common and civil law jurisdictions;
  • Costs and interest: alternative approaches in different jurisdictions; and
  • Essentials of an enforceable award.

How will I be assessed?

Assessment consists of one assignment that is distributed to candidates on the day of the course. Candidates will be given 28 days to complete and submit the assignment. The result is a pass or fail based on understanding and knowledge. Results are dispatched to candidates normally eight to twelve weeks from the date of the submission of the assignment.

What are the entry requirements?

There are no entry requirements. The course is intended for candidates who:

  • are new to the field of international arbitration;
  • wish to learn more about international arbitration and its benefits to users; and
  • wish to become an Associate member of CIArb.

English Language Competence - CIArb training and assessment is carried out in English, and 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?

  • successful candidates will be awarded an Introductory Certificate;
  • successful candidates will be eligible to apply for Associate grade of CIArb, and take advantage of a range of educational and professional benefits;
  • successful candidates may progress onto Module 1 of the International Arbitration Pathway; and
  • candidates may be eligible to claim CPD points through relevant law societies, bar associations and other professional bodies.

Course Times

The course is delivered over one day. The day starts at 8.50 am and finishes at 5.30 pm, followed by drinks.

Course Venue

Melbourne Commercial Arbitration and Mediation Centre

William Cooper Justice Centre| Level 4, 223 William Street | Melbourne Vic 3000

CIArb Asia Pacific Diploma In International Arbitration

The Chartered Institute of Arbitrators of Australia, East Asia and Singapore is conducting the inaugural Asia Pacific Diploma Course In International Arbitration in Singapore  from 21 - 29 August 2017.

This is a joint effort aimed at meeting the increasing demands for accredited arbitrators and arbitration practitioners to resolve cross border disputes in the Asia Pacific.

It is a pre-eminent tertiary international course offering a prestigious globally recognised qualification, supported by international arbitral bodies.

During an intensive nine-day program, students will be taught the practice of international commercial arbitration, covering major forms of arbitration and arbitration institutions such as ICC, SIAC and CIETAC, and will gain the ability to appear in or act as an arbitrator or counsel in different contexts.

In addition, during the week-day afternoon sessions, students will take part in practical group workshops under the guidance of experienced arbitrators. Students will also be given practical training in the conduct of an international arbitration and will discuss a range of problems which may arise in the course of conducting an international arbitration.

Lectures and tutorials will be conducted by international arbitration experts from across the Asia Pacific and around the world.

Entry Requirements

  • Practising lawyers and other professionals who are familiar with legal reasoning and concepts and are involved in arbitration (domestic or international) and who wish to increase their knowledge and understanding of international commercial arbitration.
  • Members or Fellows of the Chartered Institute of Arbitrators who have experience of domestic arbitration practice and wish to extend their knowledge to include international arbitration procedures.

Content

Topics include:

  • What is International Commercial Arbitration?
  • What Laws, Legal Norms And Legal Systems Apply in International Commercial Arbitration
  • The History and Development of the Framework of the New York Convention, the UNCITRAL Model Law and the Laws Governing International Arbitration in Australia and Asia
  • The Arbitration Agreement: Formation Validity Activation and Scope. How to Draft an Appropriate Arbitration Agreement
  • Stays of Court Proceedings and Anti-suit Injunctions; The Appointment of the Arbitrator; The Arbitrator's Independence; and Impartiality Confidentiality in Arbitration Interim Measures
  • The Preliminary Conference and Hearing
  • The Award: Interest and Costs, and Award Writing
  • Setting Aside, Recognition and Enforcement of Arbitral Awards
  • Investment Treaty Arbitration
  • ICC, CIETAC and other Arbitral Processes
  • Maritime Arbitration
  • Sports Arbitration
  • Construction Arbitration

Accelerated Route Towards Fellowship Course 2017

Registrations are now open for the 2017 CIArb Accelerated Route Towards Fellowship (ARF) course which will be held from 13 - 14 May 2017 at the Sydney premises of global law firm, Baker McKenzie. 

The faculty includes  internationally renowned practitioners and guest speakers experienced in the field of international arbitration.

The course is intended for suitably qualified candidates who are practising lawyers with at least 10 years’ standing and who have substantial experience in arbitration.  The Course syllabus is based on international arbitration law and it is essential that candidates have at least a reasonable working knowledge of the UNCITRAL Model Law and UNCITRAL Arbitration Rules.

The two-day program consists of small discussion groups and workshops in which candidates will be expected to demonstrate knowledge and skill in arbitration.

There will be a pre-course assignment to be handed in on the evening  before  the course starts on Day 1 and written exercises on each of Day 1 and Day 2. There will also be an overnight exercise to be handed in on the morning of Day 2, and a post-course assignment to be submitted a week following the conclusion of the course. Candidates who successfully complete the Award Writing exam  and are subsequently interviewed to the satisfaction of CIArb Australia may then qualify for Fellowship (FCIArb).

An Award Writing exam will be held in Australia in 2018, venue and date TBC.  Candidates who successfully complete the ARF course will be entitled to sit that exam. It is not recommended that candidates do so without completing the separate Award Writing course unless they have substantial experience in writing international arbitration awards. The next Award Writing course will be delivered in two parts:  Tutorial 1  will be held in Melbourne in 2017, date and TBC at the Melbourne Commercial Arbitration and Mediation Centre and Tutorial 2 will be held in Sydney in 2018, date and  venue TBC soon.

International Arbitration and  Precedents: Friends or Foes?

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You are warmly invited to attend the first event held in Perth in the International Arbitration Series, a joint initiative of the CIArb Australia and Federal Court of Australia. Addressed by a distinguished panel, the topic is International Arbitration and Precedents: Friends or Foes? and will include: An overview of the principles and issues involved; Arguments supporting the position that precedent is a friend of international arbitration; Arguments supporting the opposing view – ie precedent is a foe of international arbitration; A comparative view in other jurisdictions; and A wrap up of the current position and interactive Q & A session.

Drinks and canapés will be served at the conclusion of proceedings.

Date:
Wednesday, 5 April 2017
 
Time:
5.15 pm – 7.15 pm
 
Venue:
Federal Court of Australia
Court 1, Level 7
Peter Durack Commonwealth Law Courts Building 1, Victoria Avenue, Perth
 
RSVP:
By no later than Friday, 31 March 2017
 
CIArb Media:
Gianna Totaro
Mob: 0438 337 328
info@ciarb.net.au
 

Not a Member? Join CIArb Now!

Supporting Organisations:
Victorian Bar
Commercial Bar of Victoria
 
ACICA
Law Council of Australia
 
 

As this event is free of charge for CIArb Members and $20 for Guests, registrations are essential and places are strictly limited. 

 

Chair

The Hon Justice Antony Siopis
The Hon Justice Antony Siopis

Judge, Federal Court of Australia, Perth
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CIArb Australia Welcome

Caroline Kennedy QC
Caroline Kenny QC

CIArb Australia Vice President, Melbourne
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Presenters

Elizabeth Macknay
Elizabeth Macknay

Partner, Herbert Smith Freehills, Perth
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Topic: Overview of Principles and Issues Involved

 
Simon Davis
Simon Davis

CIArb Australia National Councillor and Barrister, Francis Burt Chambers, Perth
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Topic:  Arguments For and Against Lord Thomas' Proposition

 
Dr Pat Saraceni
Dr Pat Saraceni

Director, Litigation and Dispute Resolution, Clifford Chance, Perth
View Profile.

Topic: Comparative Analysis and Wrap-up

 
 

CIArb Australia Vis Pre-Moot

The Chartered Institute of Arbitrators (CIArb) Australia Branch Young Members Group Committee invites you to participate in the inaugural CIArb Australia Vis Pre-Moot.

The Pre-Moot is open to all Australian teams competing in the Willem C Vis International Commercial Arbitration Moot in Vienna, or the Vis East Moot in Hong Kong, in 2017. The Pre-Moot offers a unique extension of the Vis Moot experience for Australian students. Students will face interstate counterparts and seasoned arbitration professionals.

The Pre-Moot will be structured in two parts. First, state rounds for Queensland, Western Australia, New South Wales/Australian Capital Territory, and Victoria will be held between 13 and 18 February, 2017.  State rounds will be held over one day in a city centre venue. The dates, venues, and tournament formats for these rounds will be confirmed after team registrations close.

The winning team of each state round will then be invited to compete in finals in Melbourne on 1 March, 2017. CIArb Australia will enable successful teams to attend by contributing to the travel costs of two students and one coach, being:

  • return economy class airfares from the state capital city; and
  • accommodation in Melbourne for one night (Qld and NSW/ACT teams) or two nights (WA team).1

Students will be required to join CIArb as a Student Affiliate member before the Pre-Moot. Student membership is free of charge.

If you wish to register for the event, please confirm by email to the following address – CIArbPreMoot@gmail.com by 13 January 2017.  Please include:

  • Name of University
  • Coach details
    • Name
    • Position
    • Email address
    • Phone number
  • Team members’ names
  • Confirmation of availability for 13-18 February and 1 March 2017.

Sincerely

Kristian Maley
Chairman
CIArb Australia Young Members Group Committee

1 Payment will be by reimbursement to the team’s coach after the national round. Teams will provide evidence of expenses (e.g., tax invoices) before reimbursement.  Reimbursement will only be available to teams that attended the national round. A maximum amount per team will apply.

Current Issues in International Arbitration

Join us for a conversation and Q & A between several of Australia's leading arbitrators and arbitration practioners, featuring Dr Michael Pryles AO PBM, international arbitrator and in conversation with leading arbitration practitioners, Bronwyn Lincoln and Andrew Stephenson. The participants will be introduced by John Arthur, CIArb Australia Victorian State Convenor and Councillor.

Date:
Tuesday, 28 February, 2017
Time:
5.30 pm - 7.00 pm (proceedings will commence 5.45 pm sharp)
Venue:
Corrs Chambers Westgarth
Level 25
567 Collins Street,
Melbourne VIC 3000
RSVP:
By no later than Friday, 24 February 2017
CIArb Media:
Gianna Totaro
Mob: 0438 337 328
info@ciarb.net.au

Not a Member? Join CIArb Now!

Proudly sponsored by:
Corrs Chambers Westgarthy

Light refreshments will be served at the conclusion of proceedings. Registrations are essential and places are strictly limited. CIArb Members and Students Free of Charge. Non-Members $20

Speakers

Prof Dr Michael Pryles AM PBM
Dr Michael Pryles AO PBM

International Arbitrator
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John Arthur
John Arthur

CIArb Australia Victorian State Convenor and Councillor
View Profile.

Bronwyn Lincoln
Bronwyn Lincoln

Partner, Corrs Chambers Westgarth
View Profile.

Andrew Stephenson
Andrew Stephenson

Partner, Corrs Chambers Westgarth
View Profile.

CIArb Australia Young Members’ Group

You are invited to attend the launch of the CIArb Australia Young Members’ Group jointly hosted by Jones Day and the Chartered Institute of Arbitrators Australia. Special Guest Speaker, The Hon Michael Kirby AC CMG will deliver the keynote address. A Q & A session will follow proceedings which will include refreshments and networking.

Date:
Wednesday, 23 November 2016
Time:
10.00 am – 11.45 am
Venue:
Jones Day
Level 41
88 Phillip Street, Sydney
RSVP:
By no later than 18 November 2016
CIArb Media:
Gianna Totaro
Mob: 0438 337 328
info@ciarb.net.au

Not a Member? Join CIArb Now!

Proudly sponsored by:
Jones Day

As this event is free of charge, registrations are essential and places are strictly limited.

Special Guest Speaker

The Hon Michael Kirby AC CMG
The Hon Michael Kirby AC CMG

International Jurist, Arbitrator, and Retired High Court Justice of Australia
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Speakers

Albert Monichino QC
Albert Monichino QC

CIArb Australia President
View Profile.

Kristian Maley
Kristian Maley

Chair, CIArb Australia YMG
View Profile.

Tim L’Estrange
Tim L’Estrange

Partner-In-Charge, Jones Day
View Profile.

Award Writing Course

Registrations are now open for  2016 CIArb Award Writing

This course is intended for registered CIArb Members who wish to qualify for Fellowship.

Candidates must have successfully  completed either the CIArb Diploma in International Commercial Arbitration course or the Accelerated Route to Fellowship (ARF) course.

The course is designed to teach candidates about the fundamentals of drafting an enforceable international arbitration award.

The program involves two face-to-face full day tutorials:  Tutorial 1, 12 November 2016 at the Melbourne Commercial Arbitration and Mediation Centre, Melbourne and Tutorial 2, 11 February 2017 at the Australian Disputes Centre, Sydney .

There will be pre-course reading to be completed and an assignment will be sent out in early September , which is due back at the end of September 2016. The assignment will be based on a past award writing exam.

At the conclusion of the Course, successful candidates will be required to sit an award writing exam which will be released in two parts. The first part  in November 2016 and the second part on the day of the award writing exam, which will take place over 4 hours in on 25 February 2017.

The exam will be principally be held in Melbourne, but may be (by arrangement) held in other locations.

Candidates will be assessed by the written assignment worth 20% of the overall mark and the  examination worth 80% of the overall mark. In order to pass this module, 70% must be achieved in the examination and overall.

Moreover, candidates must obtain a minimum of 70% for each of the formalities and judicial merit components of the assessment.

While successful ARF candidates are not required to attend the Award Writing Course in order to sit the Award Writing Examination, those candidates with limited experience in writing international arbitration awards are strongly encouraged to enrol in the Award Writing course.

Places are strictly limited.

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