Arbitration Overview

False (B)

investor-state arbitration

<p>international</p> Signup and view all the answers

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

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

<p>procedural fairness</p> Signup and view all the answers

<p>Mandatory disclosure processes (C)</p> Signup and view all the answers

<p>To sue Australia under the Asian Free Trade Agreement. (D)</p> Signup and view all the answers

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

<p>Institutional arbitration provides administrative assistance and rules, while ad hoc arbitration does not.</p> Signup and view all the answers

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

<p>UNCITRAL</p> Signup and view all the answers

<p>The court at the seat of arbitration is a procedural supervising court that is used to enforce awards and issue subpoenas.</p> Signup and view all the answers

<p>The claimant (A)</p> Signup and view all the answers

<p>Pakistan</p> Signup and view all the answers

<p>International Arbitration = Parties from different countries Domestic Arbitration = Not subject to the Model Law Institutional Arbitration = Administered by an institution Investor-State Arbitration = Involves a state and a foreign investor</p> Signup and view all the answers

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

<p>Tethyan Copper Company won and the mining license was reinstated. (D)</p> Signup and view all the answers

<p>The Australian Centre for International Commercial Arbitration focuses on international arbitration and domestic cases where agreed.</p> Signup and view all the answers

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

<p>The US company failed to register their interest on the PPSR, leading to financial losses.</p> Signup and view all the answers

<p>Use the ACICA Arbitration Rules (D)</p> Signup and view all the answers

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

<p>pathological and could be rendered void</p> Signup and view all the answers

<p>File a notice of arbitration (B)</p> Signup and view all the answers

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

<p>41</p> Signup and view all the answers

<p>All of the above (D)</p> Signup and view all the answers

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

<p>memorial style pleadings</p> Signup and view all the answers

<p>Party was under incapacity = The party lacked the legal competence to enter the agreement. Award exceeds scope = The award deals with issues outside the arbitration agreement. Award not binding = The award is not yet legally enforceable or has been set aside. Against public policy = The award is affected by fraud, corruption, or a breach of natural justice.</p> Signup and view all the answers

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

<p>nothing</p> Signup and view all the answers

A legal process where parties agree to have their dispute resolved by a neutral third party, typically an expert in the relevant field.

A type of arbitration where an organization provides administrative support, such as setting rules and appointing arbitrators, but does not make the decision. They can provide arbitrators when the parties do not agree.

A type of arbitration where the parties manage the process without the assistance of an institution.

A specialized type of arbitration involving a dispute between an investor and a state.

A legislative framework governing arbitration conducted in Australia, implemented through state and territory laws.

An Australian organization that specializes in international arbitration and also provides support for domestic disputes.

A private and binding process where a panel of impartial experts (arbitrators) resolves a dispute after reviewing evidence.

It is a standard, widely recognized treaty that enforces arbitration awards globally, promoting cross-border commerce and dispute resolution.

The ability to choose the arbitrators, the flexibility in setting procedures, and the confidentiality of the process.

The process of resolving a dispute between an investor and a foreign government when there is a breach of an investment agreement.

The agreement that gives the arbitrators power to resolve the dispute. Be careful to define who is bound by the agreement.

It refers to the risk of having different legal authorities handle separate parts of a dispute, making the resolution complex and potentially inconsistent.

Potential drawbacks include costs, limitations on arbitrator powers, potential for delays, and limited appeal rights.

A written agreement between parties to resolve their disputes through arbitration, rather than through court proceedings.

No, a party can't avoid arbitration by starting court proceedings when an arbitration agreement exists for the dispute.

Parties agreed to arbitrate by the guidelines of the Law Institute of Victoria

The Law Institute of Victoria did not exist. Although the clause was pathological and could be rendered void by a court, the judge determined that the parties had agreed the seat would be Victoria. Courts are generally very supportive of arbitration and will try their best to uphold arbitration clauses in agreements.

If an arbitration clause refers to an organization that doesn't exist, the clause can still be valid if another similar organization is willing to conduct the arbitration.

It is the court you would go to to enforce or subpoena. Typically it is the law governing the contract.

The process of starting and responding to an arbitration case, including appointing an arbitrator.

Arbitration organizations (like ACICA, SIAC, ICC) provide a framework and rules for conducting arbitration. They do not preside over the arbitration.

A situation where a foreign investor sues a country for breach of an international investment agreement.

Arbitration awards must be written, signed, dated, and include the location of the arbitration and the reasons for the decision.

A self-represented party in an arbitration is entitled to reasonable opportunity to present their case, though the arbitrator may provide guidance.

Through documents or a hearing.

Energy and resources followed by construction (high value projects)

Where a company can bring a claim against a foreign country if they have breached their obligations under an agreement.

enforceability, confidentiality, party choice of arbitrator, neutral forum, flexibility

To recognise arbitration awards as enforceable.

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One of the most important trade treaties. The foundational instrument of international arbitration.

Some commercial disputes require ASX reporting.

The New York Convention, The UNCITRAL Model Law, The ICSID Convention

Broad definition of dispute, Choice of institution and rules, Seat of arbitration (the court you would go to), Language, Number of arbitrators