Arbitration

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Questions and Answers

What does the term 'finality of awards' refer to in arbitration?

Awards must be accepted as definitive and cannot be challenged. (correct)

Awards are provisional until all parties agree to the terms.

Awards can be changed or modified at any time.

Awards can only be contested if submitted to an appellate tribunal.

Which of the following options is NOT a remedy that a tribunal can award?

Injunctions

An apology from the respondent (correct)

Specific performance

Compensatory damages

What is the primary purpose of the correction and interpretation of awards?

To clarify ambiguous terms and rectify clerical errors. (correct)

To entirely change the decision presented in the award.

To reverse the decision based on new evidence.

To enforce the award in a different jurisdiction.

Setting aside an award at the seat of arbitration is typically linked to which of the following?

Procedural irregularities during the arbitration process. Signup and view all the answers

What is meant by 'setting aside and resisting enforcement are cumulative options'?

Both options can be pursued independently but are related. Signup and view all the answers

Which of the following jurisdictions is NOT commonly known as a MAL jurisdiction?

Japan Signup and view all the answers

The term 'commercial' in the context of the MAL is defined to cover which of the following?

Relationships of a commercial nature, both contractual and non-contractual Signup and view all the answers

What is required for an arbitral tribunal to have jurisdiction in an arbitration?

A valid arbitration agreement Signup and view all the answers

In what year did UNCITRAL update the MAL with certain amendments?

2006 Signup and view all the answers

Which of the following is a characteristic of institutional arbitration?

Parties select an arbitral institution to administer the arbitration. Signup and view all the answers

What is one of the key elements that parties can choose when drafting an arbitration agreement?

Ad hoc or institutional arbitration Signup and view all the answers

Among the following, which institution is commonly used for arbitration in Singapore?

Singapore International Arbitration Centre (SIAC) Signup and view all the answers

How are travaux préparatories typically used in relation to the MAL?

To interpret MAL provisions Signup and view all the answers

What may happen if a party with knowledge of non-compliance proceeds with arbitration without objection?

The party will be deemed to have waived the right to object. Signup and view all the answers

Which of the following actions does NOT constitute a waiver of the arbitration agreement?

Filing a claim for interim measures in court. Signup and view all the answers

What does Article 16(3) of MAL allow regarding jurisdictional objections?

They can be ruled on either as a preliminary question or in an award on the merits. Signup and view all the answers

Why might bifurcation of proceedings be advantageous?

It can avoid lengthy proceedings if jurisdiction is uncertain. Signup and view all the answers

What could result from a non-signatory's silence regarding jurisdiction within the specified time limit?

It may imply acceptance of the arbitration agreement. Signup and view all the answers

What could be a reason against bifurcating jurisdictional objections from the merits?

The objections may be frivolous and delay the process. Signup and view all the answers

What is the consequence of appointing an arbitrator while contesting the tribunal's jurisdiction?

The party can still challenge the jurisdiction despite participation. Signup and view all the answers

What could result from a party asserting the existence of an arbitration agreement in a pleading?

It may denote an effective arbitration agreement if not challenged. Signup and view all the answers

What happens if the objecting party fails to make an application under s 10(3) of the IAA?

The party loses the right to challenge the tribunal's award on jurisdictional grounds. Signup and view all the answers

Under which condition is s 10(3) of the IAA not triggered?

When the award deals with the merits alongside jurisdiction. Signup and view all the answers

What can an award debtor do if the tribunal's jurisdiction is not recognized?

Wait for the claimant to enforce the award and resist enforcement. Signup and view all the answers

What is the implication of the ruling in PT First Media v Astro Nusantara regarding jurisdiction challenges?

An objection to jurisdiction must be made before the final award is issued. Signup and view all the answers

How can a party respond if it chooses to refuse participation in arbitration?

They may challenge the award either at the seat or during enforcement. Signup and view all the answers

How does the decision in Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services affect the right to challenge an award?

It indicates that refusal to arbitrate is a valid strategy for jurisdictional disputes. Signup and view all the answers

In the context of arbitration jurisdiction, what does waiving rights imply for the award debtor?

The debtor can no longer resist the enforcement of the award. Signup and view all the answers

Which factor is critical in determining whether the tribunal has jurisdiction in the case of an award?

The nature of the dispute and its ties to the jurisdiction. Signup and view all the answers

What happens if the appellate court refuses to grant leave to appeal?

There is no possibility of appeal. Signup and view all the answers

How does the curial court decide on the jurisdiction of the arbitral tribunal?

It makes an original decision independent of the tribunal's findings. Signup and view all the answers

What does the court's discretion extend to concerning evidence in curial reviews?

Choosing whether to conduct a full rehearing of evidence. Signup and view all the answers

What does AQZ v ARA suggest about the approach to adducing further evidence?

A less restrictive approach is favored for further evidence. Signup and view all the answers

Which of the following statements about the court’s jurisdiction is true?

The court has original jurisdiction over the arbitration tribunal's decisions. Signup and view all the answers

What implication is derived from Article 16(3) MAL regarding court reviews?

The court is empowered to resolve the matter independently. Signup and view all the answers

What principle limits a party's right to a full rehearing of evidence in curial reviews?

The Ladd v Marshall test. Signup and view all the answers

How does a curial court's consideration of evidence differ from that of the tribunal?

The court evaluates evidence without restrictions on fact-finding. Signup and view all the answers

Study Notes

International Commercial Arbitration

International commercial arbitration is governed by the Model Law on International Commercial Arbitration (MAL)
MAL is widely adopted (e.g., Germany, Hong Kong, New Zealand, Australia, Canada)
MAL promotes uniformity in arbitration practice and facilitates enforcement of arbitration agreements and awards
MAL emphasizes the finality of arbitration awards and provides remedies for setting aside an award in limited circumstances
MAL encourages parties to resolve disputes through international commercial arbitration

Jurisdiction in Arbitration

A valid arbitration agreement establishes the jurisdiction of the arbitral tribunal
Parties can choose between ad hoc or institutional arbitration
Institutional arbitration is administered by arbitral institutions (e.g., SIAC, ICC, HKIAC, LCIA)

Objections to Jurisdiction

A party may object to the tribunal's jurisdiction by making application under s 10(3) of the International Arbitration Act (IAA)
The Singapore courts review the tribunal's decision on jurisdiction (de novo)

Failure to Object

Failure to object to a jurisdictional issue within a reasonable time can be considered as waiver of the objection (Art 4 MAL)
A party can object to jurisdiction at the setting aside stage or when resisting enforcement of the award

Preliminary Question or Award on Merits

The tribunal can decide jurisdiction (a) as a preliminary question, creating separate proceedings, or (b) in an award on the merits
Bifurcating proceedings may be recommended, but not if issues are frivolous (Art 16(3) MAL, s 10(3) IAA)
The advantage of deciding jurisdiction separately is resolving jurisdictional disputes without unnecessarily delaying the merits

Scope of Court Review of Tribunal’s Jurisdictional Decisions

Courts at the seat of arbitration (curial courts) review jurisdictional decisions de novo (not subject to appellate review)
The court (in Singapore) may decide the issue of jurisdiction without being bound by the tribunal's decision (Art 16(3) MAL)
Courts have discretion on the evidence they receive, including whether to accept evidence presented to the tribunal or require new evidence (COT v COU SGHC 69)
Courts may exercise discretion to decide on the type of evidence considered: affidavit alone, viva voce, or cross-examination

Procedural Points

When an award debtor refuses to participate in an arbitration, they can later seek to set aside the award or resist enforcement (Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services SGCA 33)
A party's appointment or participation in the appointment of an arbitrator does not preclude them from raising a jurisdiction objection (Art 16(2) MAL)
Commencing an action in court for temporary injunctive relief or interim measures does not waive the arbitration agreement (Art 9 MAL)

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Description

This quiz covers key concepts related to International Commercial Arbitration, focusing on the Model Law on International Commercial Arbitration (MAL). It discusses jurisdiction issues, types of arbitration, and objections related to the jurisdiction of arbitral tribunals. Understand how MAL promotes uniformity and creates a framework for dispute resolution.