International Trade Law: Arbitrability - Lecture 9

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Questions and Answers

What is an arbitration agreement?

  • An agreement between two or more parties to waive their legal rights
  • An agreement between two or more parties to refer to arbitration all disputes without any conditions
  • An agreement between two or more parties to refer to arbitration all or certain disputes in respect of a defined legal relationship (correct)
  • An agreement between two or more parties to refer to a court for dispute resolution

In what form can an arbitration agreement be made?

  • In the form of a court order
  • In the form of both an arbitration clause in a contract and a separate arbitration agreement (correct)
  • Only in the form of a separate arbitration agreement
  • Only in the form of an arbitration clause in a contract

When do the provisions of the Saudi Law apply to any arbitration?

  • If it takes place in the Kingdom or is an international commercial arbitration taking place abroad and the parties agree that the arbitration be subject to the provisions of this Law (correct)
  • Only if it is an international commercial arbitration taking place abroad
  • Only if it takes place in the Kingdom
  • If it takes place in the Kingdom and is not an international commercial arbitration

What disputes do the provisions of the Law not apply to?

<p>Personal status disputes and matters not subject to reconciliation (D)</p> Signup and view all the answers

What does Article 4 of the Law allow the parties to arbitration to choose?

<p>The procedure to be followed in a certain issue (B)</p> Signup and view all the answers

Which disputes were generally not considered to be arbitrable until the 1980s in the United States?

<p>Antitrust matters (D)</p> Signup and view all the answers

In which country are disputes over the rental of living space excluded from any form of arbitration?

<p>Germany (D)</p> Signup and view all the answers

Which legal orders restrict the possibility of arbitration for reasons of the protection of weaker members of the public?

<p>Germany (B)</p> Signup and view all the answers

What type of disputes are generally not considered to be arbitrable?

<p>Matters relating to crimes (C)</p> Signup and view all the answers

Which disputes were excluded from any form of arbitration in German law?

<p>Disputes over the rental of living space (A)</p> Signup and view all the answers

What can be resolved using arbitration in most other disputes?

<p>Private rights between two parties (B)</p> Signup and view all the answers

In a dispute over patent infringement, what could be adjudicated upon by an arbitration tribunal?

<p>Whether a patent has been infringed (B)</p> Signup and view all the answers

What is an example of restrictions in arbitration agreements with consumers under German law?

<p>Only valid if signed by either party with additional content (A)</p> Signup and view all the answers

What type of disputes does German Law of Arbitration exclude from any form of arbitration?

<p>Rental of living space disputes (C)</p> Signup and view all the answers

What was not arbitrable until the 1980s in the United States?

<p>Antitrust matters (A)</p> Signup and view all the answers

What is a disadvantage of arbitration awards in some legal systems?

<p>Arbitration awards have fewer enforcement options than judgments. (D)</p> Signup and view all the answers

Why may it be easier for a party to avoid enforcement of a ruling in arbitration?

<p>Arbitration may have limited or non-existent discovery, making it easier for a party to avoid enforcement. (C)</p> Signup and view all the answers

In what way is pursuing a dispute through trial potentially more financially beneficial for attorneys compared to arbitration?

<p>Pursuing a dispute through trial may lead to more legal fees for attorneys. (D)</p> Signup and view all the answers

Why are arbitration awards not directly enforceable like court judgments?

<p>Arbitration awards require judicial remedies, called an action to 'confirm' an award. (B)</p> Signup and view all the answers

What type of disputes may not be capable of arbitration by their nature?

<p>Disputes leading to judgments binding all members of the general public. (D)</p> Signup and view all the answers

What is one advantage of arbitration over litigation?

<p>Arbitrators can be chosen based on expertise (B)</p> Signup and view all the answers

Why is arbitration considered faster than litigation in court?

<p>There are very limited avenues for appeal of an arbitral award (A)</p> Signup and view all the answers

In what circumstances can arbitration be mandatory?

<p>When parties agree to hold all existing or future disputes to arbitration (A)</p> Signup and view all the answers

What is a disadvantage of mandatory and binding arbitration?

<p>Erroneous decisions cannot be easily overturned (A)</p> Signup and view all the answers

Why do consumers and employees sometimes not know in advance that they have agreed to mandatory binding pre-dispute arbitration?

<p>Arbitration agreements are contained in supplementary agreements (B)</p> Signup and view all the answers

What might create an inherent incentive for arbitrators to rule against the consumer or employee?

<p>Dependence on the corporation for repeat business (C)</p> Signup and view all the answers

What is a potential disadvantage of arbitration awards over court verdicts?

<p>Very limited options for appeal (C)</p> Signup and view all the answers

Why might having very limited avenues for appeal be considered an advantage by some?

<p>It limits the duration of the dispute and any associated liability (B)</p> Signup and view all the answers

What is a potential disadvantage when there are multiple arbitrators on the panel?

<p>Juggling schedules for hearing dates leading to delays (A)</p> Signup and view all the answers

Why do parties often seek to resolve disputes through arbitration instead of judicial proceedings?

<p>Because arbitration awards are generally easier to enforce in other nations than court verdicts (B)</p> Signup and view all the answers

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