International Trade Law: Arbitrability

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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?

Personal status disputes and matters not subject to reconciliation Signup and view all the answers

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

The procedure to be followed in a certain issue Signup and view all the answers

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

Antitrust matters Signup and view all the answers

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

Germany 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?

Germany Signup and view all the answers

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

Matters relating to crimes Signup and view all the answers

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

Disputes over the rental of living space Signup and view all the answers

What can be resolved using arbitration in most other disputes?

Private rights between two parties Signup and view all the answers

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

Whether a patent has been infringed Signup and view all the answers

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

Only valid if signed by either party with additional content Signup and view all the answers

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

Rental of living space disputes Signup and view all the answers

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

Antitrust matters Signup and view all the answers

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

Arbitration awards have fewer enforcement options than judgments. Signup and view all the answers

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

Arbitration may have limited or non-existent discovery, making it easier for a party to avoid enforcement. Signup and view all the answers

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

Pursuing a dispute through trial may lead to more legal fees for attorneys. Signup and view all the answers

Why are arbitration awards not directly enforceable like court judgments?

Arbitration awards require judicial remedies, called an action to 'confirm' an award. Signup and view all the answers

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

Disputes leading to judgments binding all members of the general public. Signup and view all the answers

What is one advantage of arbitration over litigation?

Arbitrators can be chosen based on expertise Signup and view all the answers

Why is arbitration considered faster than litigation in court?

There are very limited avenues for appeal of an arbitral award Signup and view all the answers

In what circumstances can arbitration be mandatory?

When parties agree to hold all existing or future disputes to arbitration Signup and view all the answers

What is a disadvantage of mandatory and binding arbitration?

Erroneous decisions cannot be easily overturned 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?

Arbitration agreements are contained in supplementary agreements Signup and view all the answers

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

Dependence on the corporation for repeat business Signup and view all the answers

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

Very limited options for appeal Signup and view all the answers

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

It limits the duration of the dispute and any associated liability Signup and view all the answers

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

Juggling schedules for hearing dates leading to delays Signup and view all the answers

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

Because arbitration awards are generally easier to enforce in other nations than court verdicts Signup and view all the answers

International Trade Law: Arbitrability - Lecture 9

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