51 The CIArb Australia News 2019
Mark Tedeschi AM QC View Profile
Accelerated Route to Membership Course A Candidate’s Perspective
O
n 24-25 August 2019, I was lucky enough to be one of about a dozen candidates who participated in CIArb Australia’s inaugural Accelerated Route to Membership (ARM) course held in Melbourne. The course attracted candidates from across Australia, including Brisbane, Perth, Adelaide and Sydney and from a variety of backgrounds, both legal and nonlegal. The ARM is an assessment course although the day-long workshop on day 1 was a valuable means of testing and consolidating our knowledge in a collaborative group environment before sitting the exam the following day. On day 1, candidates participated in a small group tutorial-style discussion of a hypothetical arbitration scenario and problem questions, which were provided to the candidates prior to the course. The problem questions
were complex and revealing, which provided ample scope for discussion. The problem questions covered topics raising key aspects of an arbitration, focusing on some of the most important aspects of the UNCITRAL Model Law on International Commercial Arbitration such as: the form of an arbitration agreement, the applicable law, grounds for challenges to the appointment of an arbitrator, interim measures for preserving assets and other preliminary orders, jurisdiction of the arbitral tribunal, failure of a party to communicate with the arbitrator, the awarding of costs, and many other significant topics. The afternoon included role play exercises in which candidates participated as arbitrator or counsel in a mock preliminary meeting and in a mock arbitration, presenting arguments on costs. These mock exercises were a
most educational experience, bringing home the practical aspects of conducting international arbitrations. The three-hour exam at the end of the course was very fair and directly on point. Candidates were permitted to consult legislation and rules that they had used in the workshop the day before. The course director was Dr Vicky Priskich of the Victorian Bar, National Councillor of CIArb Australia and course tutor, Albert Monichino QC of the Victorian Bar and Immediate Past President of CIArb Australia, both of whom provided us with excellent instruction. Altogether, it was a most worthwhile educational experience, and I am so pleased that I did it. I would encourage anyone who is interested in international arbitration to do the course.
