OPERATIONAL COMMITTEES: JUDICIAL
Judicial Training in Vienna: Training the Trainers By Jim Peck
Last December, three longstanding judicial members of III, Judge Elsbeth De Vos, Hon. Allan Gropper and Hon. James M. Peck, were in Vienna at the invitation of UNCITRAL to take part in an innovative capacity building exercise for judges from Arab countries. These members had been recruited to share their expertise and to serve as faculty members who would help in developing cross border awareness and judicial skills in North Africa and the Middle East. The course materials for the training were prepared by Professor Rosa M. Rojas-Vértiz who co-chairs the Latin American Region for III.
The judges from the MENA region( Morocco, Oman and Saudi Arabia) who came to Vienna seemed very eager to learn more about cross border issues. They wanted to improve their understanding of the Model Law and how it functions in practice with the aim of spreading the word to other MENA judges at a conference in Riyadh organized by The World Bank. They were training to lead discussions concerning an unfamiliar discipline and gained confidence and fluency during a week of curated exposure to our members.
These tutoring seminars took place over two separate afternoons following Working Group V meetings. The sessions were spontaneous and interactive and served as a kind of crash course in the Model Law from the viewpoint of experienced III members. The judges who took part in the program are now better informed and more effective spokespersons for cross border cooperation.
The underlying concept here was to“ train the trainers”, i. e., to concentrate on teaching a select few who would then be better able to go forth, spread the word about cross border insolvency and teach other judges in their home jurisdictions. The judges who participated in the sessions were intensely engaged in the subject and eager to learn from the experiences of our members. This was a fascinating cross-cultural exchange, and a good example of how individual members can share their own experiences and, in the process, help to advance the goals of III.
This training program took place in conjunction with meetings of Working Group V and a related colloquium organized by UNCITRAL that was convened in Vienna to evaluate recent experiences with the Model Law and to consider whether revisions to the Guide to Enactment might be desirable or appropriate. III members from many countries have participated actively over the years in Working Group V and, collectively, have made significant contributions to UNCITRAL’ s work and the advancement of III’ s core mission.
As a postscript, we have learned that the seminar in Vienna appears to have achieved its intended purpose. UNCITRAL has reported that the training in Riyadh involved 38 participants, including 22 Saudi judges and several representatives from Bahrain, Qatar and Kuwat. Many topics were covered, including choice of law, public policy and cooperation. The fact that the seminar was conducted in Arabic was praised by those who attended. Thus, III members have partnered with UNCITRAL, INSOL International and The World Bank in promoting a better understanding of cross border practices.
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