Arbitral Proceedings: Commencing the Arbitration
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Questions and Answers

What determines the method by which an arbitration may be commenced?

  • The nationality of the arbitrators involved
  • The geographical location of the arbitration hearing
  • The language in which the arbitration agreement is written
  • The applicable law, the arbitration agreement, and any prescribed procedure (correct)

    • What may result from failure to properly commence an arbitration?

  • The claim being time-barred by not having been brought within the time imposed by the contract or by the applicable laws, or both (correct)
  • Extension of the time for bringing the claim
  • Automatic awarding of the claim to the respondent
  • Immediate termination of the arbitration process

    • What does Section 7 of the 2010 Act provide in relation to the Act?

  • Lays out the limitations for claims in arbitration
  • Defines the purposes of the Act (correct)
  • Describes the procedures for commencing an arbitration
  • Outlines the powers of the arbitrator

    • What is important to ensure when commencing an arbitration?

    <p>Proper commencement under the agreed contractual procedure and under the applicable laws</p> Signup and view all the answers

    Where may it be necessary to look at in relation to limitation periods?

    <p>The proper law of the underlying contract and the law of the place of the arbitration</p> Signup and view all the answers

    What is the operative date for the purposes of the Model Law?

    <p>The date of the written request to refer the dispute to arbitration</p> Signup and view all the answers

    What may institutional arbitration rules prescribe when incorporated into an arbitration agreement?

    <p>The procedure and other requisite formalities</p> Signup and view all the answers

    Under Article 8 of the Model Law, when can court proceedings be stayed?

    <p>When the party opposing arbitration proves that the arbitration clause is null and void</p> Signup and view all the answers

    What does Section 13 of the 2010 Act provide regarding the number of arbitrators?

    <p>It sets the default number of arbitrators as one</p> Signup and view all the answers

    What determines how disputes are resolved in arbitration?

    <p>The parties' agreement and party autonomy</p> Signup and view all the answers

    When will disputes referred after June 8th, 2010 be governed by the 2010 Act?

    <p>When there is a reference to arbitration after June 8th, 2010</p> Signup and view all the answers

    What is the significance of party autonomy in the appointment of an arbitral tribunal?

    <p>It allows the parties to agree on matters related to the appointment of arbitrators</p> Signup and view all the answers

    What happens if the agreed mechanism for appointing an arbitrator breaks down?

    <p>Reliance may have to be placed on a default procedure</p> Signup and view all the answers

    Under what circumstances can court proceedings be stayed according to Article 8 of the Model Law?

    <p>When a party opposes arbitration and can prove that the arbitration clause is null and void</p> Signup and view all the answers

    What is significant about Section 13 of the 2010 Act regarding arbitrator numbers?

    <p>It allows a derogation from having three arbitrators in certain cases</p> Signup and view all the answers

    What determines which procedure applies if no mechanism is agreed upon by the parties for appointing an arbitrator?

    <p>The default procedure provided by the Model Law</p> Signup and view all the answers

    What becomes relevant for commencing arbitration according to this course?

    <p>The date of reference only</p> Signup and view all the answers

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