International Commercial Arbitration Overview

The relinquishment of the right to have disputes decided by a national court.

False (B)

<p>It refers to the arbitration clause being considered a separate and distinct agreement from the main contract, even if the contract is invalid.</p> Signup and view all the answers

<p>The agreement must be in writing and, in some cases, signed by both parties.</p> Signup and view all the answers

<p>To enforce arbitration agreements and awards internationally.</p> Signup and view all the answers

<p>When a party seeks to renege on its agreement to arbitrate. (B), When a nonsignatory tries to enforce the agreement against a signatory. (C), When one party asserts that it never signed the agreement. (D)</p> Signup and view all the answers

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

<p>By interpreting the Convention's writing requirement more liberally in light of modern communication methods. (B), By relying on domestic law to interpret the Convention's writing requirement. (D)</p> Signup and view all the answers

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

<p>The dispute must be in respect of a defined legal relationship, whether contractual or not. (A), The subject matter must be capable of settlement by arbitration. (B)</p> Signup and view all the answers

<p>Courts must refer the parties to arbitration and stay the proceedings.</p> Signup and view all the answers

<p>It can make it difficult to enforce arbitration agreements in certain cases. (A), It can undermine the purpose of the Convention. (B), It can discourage parties from using arbitration as a dispute resolution method. (C), It can make the Convention more difficult to amend. (D), It can create a nonuniform application of the Convention. (E)</p> Signup and view all the answers

A private dispute resolution system outside of court systems, used in international business dealings and enforced by national courts.

A formal agreement where parties agree to resolve their disputes through arbitration, instead of going to court.

A section within a contract outlining the agreement to arbitrate any future disputes arising from the contract.

An agreement to arbitrate a dispute that has already arisen, formed after the disagreement.

The principle that an arbitration clause in a contract is separate from the main agreement, and can remain valid even if the main contract is challenged.

The agreement by disputing parties to go through arbitration, allowing arbitrators to decide the case.

Neutral, private individuals chosen by parties to hear and decide disputes.

A final, enforceable decision from arbitrators, generally not subject to appeal.

The jurisdiction where the arbitration is held and where challenges to the award might be made.

A treaty promoting the international enforcement of arbitration awards.

A key benefit of arbitration providing a neutral location for dispute resolution between parties from different jurisdictions.

Probability that an arbitration award can be enforced internationally.

The ability to keep arbitration proceedings and outcome hidden from the public, crucial for preserving sensitive business information.

Arbitration where technical issues are handled by a special expert, whose decision might be binding.

Formal legal proceedings in a court of law to settle disputes.

A non-binding dispute resolution process where a neutral mediator facilitates communication between parties to reach a settlement.

A process where a conciliator listens to both sides and presents a proposed settlement, which is not binding.

Organization offering administrative support and rules to guide arbitration proceedings.

Arbitration without an administering institution, driven by the parties' own chosen rules and arrangements.

A set of guidelines for international commercial arbitration; used in conjunction with other rules.