Podcast
Questions and Answers
What determines the method by which an arbitration may be commenced?
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?
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?
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?
What is important to ensure when commencing an arbitration?
Where may it be necessary to look at in relation to limitation periods?
Where may it be necessary to look at in relation to limitation periods?
What is the operative date for the purposes of the Model Law?
What is the operative date for the purposes of the Model Law?
What may institutional arbitration rules prescribe when incorporated into an arbitration agreement?
What may institutional arbitration rules prescribe when incorporated into an arbitration agreement?
Under Article 8 of the Model Law, when can court proceedings be stayed?
Under Article 8 of the Model Law, when can court proceedings be stayed?
What does Section 13 of the 2010 Act provide regarding the number of arbitrators?
What does Section 13 of the 2010 Act provide regarding the number of arbitrators?
What determines how disputes are resolved in arbitration?
What determines how disputes are resolved in arbitration?
When will disputes referred after June 8th, 2010 be governed by the 2010 Act?
When will disputes referred after June 8th, 2010 be governed by the 2010 Act?
What is the significance of party autonomy in the appointment of an arbitral tribunal?
What is the significance of party autonomy in the appointment of an arbitral tribunal?
What happens if the agreed mechanism for appointing an arbitrator breaks down?
What happens if the agreed mechanism for appointing an arbitrator breaks down?
Under what circumstances can court proceedings be stayed according to Article 8 of the Model Law?
Under what circumstances can court proceedings be stayed according to Article 8 of the Model Law?
What is significant about Section 13 of the 2010 Act regarding arbitrator numbers?
What is significant about Section 13 of the 2010 Act regarding arbitrator numbers?
What determines which procedure applies if no mechanism is agreed upon by the parties for appointing an arbitrator?
What determines which procedure applies if no mechanism is agreed upon by the parties for appointing an arbitrator?
What becomes relevant for commencing arbitration according to this course?
What becomes relevant for commencing arbitration according to this course?
