17 Questions
What determines the method by which an arbitration may be commenced?
The applicable law, the arbitration agreement, and any prescribed procedure
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
What does Section 7 of the 2010 Act provide in relation to the Act?
Defines the purposes of the Act
What is important to ensure when commencing an arbitration?
Proper commencement under the agreed contractual procedure and under the applicable laws
Where may it be necessary to look at in relation to limitation periods?
The proper law of the underlying contract and the law of the place of the arbitration
What is the operative date for the purposes of the Model Law?
The date of the written request to refer the dispute to arbitration
What may institutional arbitration rules prescribe when incorporated into an arbitration agreement?
The procedure and other requisite formalities
Under Article 8 of the Model Law, when can court proceedings be stayed?
When the party opposing arbitration proves that the arbitration clause is null and void
What does Section 13 of the 2010 Act provide regarding the number of arbitrators?
It sets the default number of arbitrators as one
What determines how disputes are resolved in arbitration?
The parties' agreement and party autonomy
When will disputes referred after June 8th, 2010 be governed by the 2010 Act?
When there is a reference to arbitration after June 8th, 2010
What is the significance of party autonomy in the appointment of an arbitral tribunal?
It allows the parties to agree on matters related to the appointment of arbitrators
What happens if the agreed mechanism for appointing an arbitrator breaks down?
Reliance may have to be placed on a default procedure
Under what circumstances can court proceedings be stayed according to Article 8 of the Model Law?
When a party opposes arbitration and can prove that the arbitration clause is null and void
What is significant about Section 13 of the 2010 Act regarding arbitrator numbers?
It allows a derogation from having three arbitrators in certain cases
What determines which procedure applies if no mechanism is agreed upon by the parties for appointing an arbitrator?
The default procedure provided by the Model Law
What becomes relevant for commencing arbitration according to this course?
The date of reference only
This quiz covers the commencement of arbitration proceedings, including the methods of commencement, applicable laws, arbitration agreements, prescribed procedures, and formalities. It emphasizes the importance of ensuring proper commencement under agreed conditions.
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