B24 Arbitration

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Questions and Answers

What is necessary for an arbitration agreement to be valid?

It must be registered with an arbitration institution.

It must be verbal and witnessed by a third party.

It must be in writing. (correct)

It must be signed by all parties regardless of intent.

What is the significance of the 'seat' of arbitration?

It is irrelevant if all parties agree on arbitration rules.

It refers to the specific institution managing the arbitration.

It determines the geographical location of the arbitration process. (correct)

It dictates the monetary value of the arbitration claim.

What should happen if the parties did not agree on any arbitration rules?

The arbitration process will not occur.

The case must be referred to a national court.

The default rules of the chosen seat will apply. (correct)

The arbitrator can create their own rules for the process.

What does 'subjective arbitrability' refer to?

A party's capacity to enter into arbitration. Signup and view all the answers

What are the potential consequences of a conflict between institutional arbitration rules and the model law?

The resolution depends on whether the rules are mandatory or non-mandatory. Signup and view all the answers

What is typically considered when ordering interim measures by a court?

Balance of convenience Signup and view all the answers

Which of the following is NOT a core procedural right in arbitration?

Undisclosed representation Signup and view all the answers

What is a requirement for a valid arbitration award?

The award must provide reasons for each decision Signup and view all the answers

When can a court set aside an arbitration award?

When the grounds for setting aside are established and timely Signup and view all the answers

Which type of injunction orders a party to refrain from initiating a parallel proceeding?

Anti-suit injunction Signup and view all the answers

What is the primary consideration when determining if a dispute is arbitrable?

The subject matter of the dispute Signup and view all the answers

What governs the procedural law of arbitration, known as Lex Arbitri?

The legal seat of the arbitration Signup and view all the answers

Which principle allows parties to tailor the arbitration process according to their preferences?

Principle of Party Autonomy Signup and view all the answers

When considering whether to stay an application for arbitration, which factor is least relevant?

The historical relationship of the parties Signup and view all the answers

What is the significance of the doctrine of competence-competence in arbitration?

It permits the tribunal to rule on its own jurisdiction Signup and view all the answers

What is a necessary condition for an arbitration award to be recognized?

It must comply with procedural formalities Signup and view all the answers

What aspect does confidentiality in arbitration primarily protect?

The information disclosed during proceedings Signup and view all the answers

In which scenario does the principle of separability apply?

When a dispute arises from a contract with an arbitration clause Signup and view all the answers

What is the role of the New York Convention in enforcing arbitral awards?

It requires the recognition and enforcement of arbitral awards between contracting nations. Signup and view all the answers

According to Article V(1)(b), which scenario would allow for refusal of enforcement of an arbitral award?

There was a breach of natural justice during arbitration. Signup and view all the answers

What does Article V(2)(b) reference when denying enforcement of an award?

Public policy considerations. Signup and view all the answers

In scenario #1, what is the tribunal's finding regarding the legality of the underlying contract?

It is not illegal. Signup and view all the answers

In scenario #4, under what condition can a reviewing court intervene despite the tribunal's finding?

If palpable and indisputable illegality is proven. Signup and view all the answers

What grounds for enforcement refusal is related to an irregularity in the composition of the arbitral tribunal?

Article V(1)(d) Signup and view all the answers

What is the primary concern when drafting hybrid arbitration clauses?

They should be avoided due to potential complications. Signup and view all the answers

What is a possible consequence if an arbitral award is not recognized under the New York Convention?

The award cannot be enforced in that state. Signup and view all the answers

What does the doctrine of competence-competence allow an arbitral tribunal to do?

Rule on its own jurisdiction. Signup and view all the answers

Which of the following terms is associated with the refusal of enforcement due to procedural breaches?

Natural justice violations. Signup and view all the answers

Which factor is considered sufficient for granting a stay of proceedings in favor of arbitration?

An agreement to arbitrate exists. Signup and view all the answers

What happens if a party fails to object to the tribunal's jurisdiction?

The party loses the right to contest the arbitration. Signup and view all the answers

Which guideline is included in the IBA Guidelines on conflict of interests?

There are non-waiverable and waiverable lists of conflicts. Signup and view all the answers

What is the significance of the doctrine of separability in arbitration?

It states that an arbitration agreement is independent of the contract it relates to. Signup and view all the answers

What criteria must be considered when challenging the independence of an arbitrator?

Prior relationships with any party involved. Signup and view all the answers

In which scenario may a court order specific performance of a mediation clause?

When factors indicate the necessity of mediation. Signup and view all the answers

Study Notes

Practical Issues

Arbitration or litigation?
If arbitration, then institution or ad-hoc?
If institution, then which seat and institution?
Should arbitration be multi-tiered? If so, what should it look like?
Is there a valid arbitration agreement?
Has the arbitration clause been drafted with certainty?
Is the subject matter of the dispute arbitrable?

Governing Law

Principle of Lex Arbitri (governing law of arbitral procedure)
Is it international arbitration?
Principle of party autonomy
Principle of separability
Doctrine of competence-competence

Parties and Disputes

Is the applicant a party/claiming through a party to the agreement?
Is there a dispute?
Does the dispute fall within the scope of the agreement?
Should the court exercise its discretion to stay the application?
- Is there sufficient reason why the matter should not be referred to arbitration?
- Is the applicant willing and still ready and willing to do all necessary things for proper conduct of arbitration?
Was the application made after the filing and service of a notice of intention to contest or not contest, and before delivering any pleading?

Other Issues

Confidentiality

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