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  • 1.  How to get accreditation of arbitration

    I'mLinkedIn
    Posted 26-02-2024 05:44 PM

    Dear member in the field of arbitration

    I am fresh in Australia and currently seeking accreditation as an arbitrator.  I want to ask you how to go through the whole process. I am a professional member of the Resolution Institute so far and do not know how to finish the pupillage or professional development as described in section 5.1 (b) of "Policy for the Registration of Practising Arbitrators". The pupillage record or 20 CPD is OK to me, I do not know which one is easier to access. If anyone knows, please tell me as much as you can. By the way, I would appreciate it if anyone would be my mentor.

    Thank you very much!



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    Rui Qiao
    Sydney NSW
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  • 2.  RE: How to get accreditation of arbitration

    I'mLinkedIn
    Posted 27-02-2024 06:55 AM
    Hi Rui,

    Will connect with you this morning and discuss various options available.

    Regards
    David Chin





  • 3.  RE: How to get accreditation of arbitration

    I'mLinkedIn
    Posted 27-02-2024 08:18 AM

    Thank you very much! I am looking forward to your contact. Please email or message me first in case I can not hear the phone.



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    Rui Qiao
    Sydney NSW
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  • 4.  RE: How to get accreditation of arbitration

    Posted 27-02-2024 07:03 AM

    Hi Rui, the RI team will call you this morning to assist.



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    Nicholas Hopkins KC
    Barrister
    The Victorian Bar
    Melbourne VIC
    0411 154 685
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  • 5.  RE: How to get accreditation of arbitration

    Posted 29-02-2024 11:59 AM

    Hi Rui, and welcome to Australia.

    You are right that the Policy for Registration of Practicing Arbitrators is the relevant policy. (All RI Policies can be found by going to the home page, then clicking the drop-down box "General" and selecting all "All Policies... " Then the ones relevant to arbitration are linked in a list below.)

    But I'm afraid you are misreading Section 5.1. It requires, generally, compliance with all 4 subparts, a to d. 

    The University Course referred to is generally a reference to the University of Adelaide Professional Certificate in Arbitration. Because of enrollment numbers, it usually runs only every 2 years. It is 2 unit course taught in short blocks mostly on line over a year. If you are interested, you will need to act very quickly as enrollments for the 2024 course are closing in the next few days.

    As for mentoring, the RI Arbitration Subcommittee is currently working on a plan to make this easier to obtain. However, the short point is you don't need a single mentor for all events of pupilage. 

    If you want further information, I'm happy to talk to you through it.  

    Kind regards

    Toby Shnookal

    0412582380

       



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    Toby (Benjamin Andrew) Shnookal
    KC, Arbitrator, Expert Determiner, Mediator, Dipute Avoidance Boards
    Expert Determiner Chambers
    Melbourne VIC
    412582380
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  • 6.  RE: How to get accreditation of arbitration

    I'mLinkedIn
    Posted 29-02-2024 12:17 PM

    Hi, Toby

    Thanks for answering. About the university course, it is a good point. I have an LLM degree in Arbitration and Dispute Resolution at the City University of Hong Kong, which is a course provider of CIArb. Due to this, I am a fellow of CIArb. I am not sure it could be proved by RI,  maybe equivalent to Adelaide's course.  It needs confirmation. And pupillage is not easy to access so far, probably CPD is more suitable.

    Best regards,

    Rui Qiao

    0423173299



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    Rui Qiao
    Sydney NSW
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  • 7.  RE: How to get accreditation of arbitration

    Posted 29-02-2024 02:42 PM

    Hi Rui

    The Policy does provide some flexibility. Ordinarily a person who has done the CIarb course and is a fellow of CIarb will be excused from doing the University of Adelaide Course. 

    But I haven't come across the pathway to FCIArb being through a course other than the CIArb course. That seems to be your situation? Did you do the CIarb Award Writing course? 

    I would expect the RI accreditation panel might want to consider the specific course you on an application for exemption to 5.1(a).

    Generally, I expect the accreditation committee would look at is whether the course is actually about training someone to be an arbitrator as distinct from learning about arbitration. There are a number of courses about the later in Australia, but the PCArb (Adelaide Uni) is the only Australian University course directed to the former.  

    If you haven't got practical experience, I would expect an accreditation committee would want you do to some pupilage.   

    I hope this helps.

    Toby

     



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    Toby (Benjamin Andrew) Shnookal
    KC, Arbitrator, Expert Determiner, Mediator, Dipute Avoidance Boards
    Expert Determiner Chambers
    Melbourne VIC
    412582380
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  • 8.  RE: How to get accreditation of arbitration

    I'mLinkedIn
    Posted 04-03-2024 11:38 AM

    Hi Toby

    I have asked the relevant committee, and they confirmed the FCIArb satisfies the course requirement. 

    Yes, I took the award writing course and passed its exam, any other CIArb course provider has the same course modules as CIArb, which is why they have accreditation. And I have to say it was a long journey, not easy to get through everything. 

    I agree with your point,  training someone to be an arbitrator is quite different, not just theories, but many practical questions. knowing what rules are is different from knowing how the rules work in reality.  I am preparing to gain CPD for accreditation so far,  and I still expect some chance to do some pupilage for this reason.  If you have any chance can recommend it to me, I would appreciate it so much! 

    Kind regards,

    Rui Qiao

    0423173299



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    Rui Qiao
    Sydney NSW
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  • 9.  RE: How to get accreditation of arbitration

    Posted 04-03-2024 12:41 PM

    Hi Rui

     

    That is great you have done the Ciarb course.

     

    I have an arbitration not far off starting.

     

    I have procedural conferences scheduled for it on 20/3 & 5/4, both at 9 am by Zoom. Each will take less than an hour in my expectation.

     

    Then the arbitration starts 9/4 in person in a Melbourne city office for about 5 days.

     

    If you want to attend any or all, please provide me with a short CV. I will get the parties approval and arrange a suitable confidentiality agreement you would need to sign.

     

    More generally, the arbitration subcommittee is working to set up a register of people seeking pupillage opportunities.

     

    Call me if you want to discuss.

     

    Kind regards

     

    Toby