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Arbitration Law: International Arbitration

Description: This quiz covers various aspects of International Arbitration Law, including its principles, processes, and enforcement mechanisms.
Number of Questions: 14
Created by:
Tags: international arbitration arbitration law dispute resolution
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Which of the following is a key principle of international arbitration?

  1. Party Autonomy

  2. State Sovereignty

  3. Judicial Review

  4. Mandatory Mediation

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Correct Option: A
Explanation:

Party Autonomy is a fundamental principle in international arbitration, allowing parties to freely choose the rules and procedures governing their arbitration.

What is the primary purpose of an arbitration agreement?

  1. To avoid litigation

  2. To ensure a fair trial

  3. To enforce a contract

  4. To determine the applicable law

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Correct Option: A
Explanation:

The primary purpose of an arbitration agreement is to provide an alternative means of dispute resolution, avoiding the need for formal litigation.

Which of the following is a common type of international arbitration?

  1. Ad hoc Arbitration

  2. Institutional Arbitration

  3. Mediation

  4. Conciliation

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Correct Option: B
Explanation:

Institutional Arbitration is a type of arbitration administered by a specialized institution, such as the International Chamber of Commerce (ICC) or the American Arbitration Association (AAA).

What is the role of an arbitral tribunal in international arbitration?

  1. To decide the dispute

  2. To enforce the arbitration agreement

  3. To appoint the arbitrators

  4. To determine the applicable law

Show answer
Correct Option: A
Explanation:

The arbitral tribunal is responsible for hearing the evidence, considering the arguments of the parties, and making a final and binding decision on the dispute.

What is the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards?

  1. A treaty governing the enforcement of arbitration agreements

  2. A set of rules for conducting international arbitration

  3. A mechanism for resolving disputes between states

  4. A code of ethics for arbitrators

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Correct Option: A
Explanation:

The New York Convention is a multilateral treaty that establishes a uniform framework for the recognition and enforcement of foreign arbitral awards.

Which of the following is a ground for refusing the enforcement of an arbitral award under the New York Convention?

  1. Lack of due process

  2. Public policy

  3. Fraud or corruption

  4. All of the above

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Correct Option: D
Explanation:

Under the New York Convention, an arbitral award may be refused enforcement if it was obtained through fraud or corruption, violates public policy, or if the party against whom the award is sought was not given a fair hearing.

What is the difference between ad hoc arbitration and institutional arbitration?

  1. Ad hoc arbitration is conducted under the rules of a specific institution, while institutional arbitration is conducted under the rules of an ad hoc tribunal.

  2. Ad hoc arbitration is more formal than institutional arbitration.

  3. Ad hoc arbitration is typically more expensive than institutional arbitration.

  4. Ad hoc arbitration is less flexible than institutional arbitration.

Show answer
Correct Option:
Explanation:

The primary difference between ad hoc arbitration and institutional arbitration is the source of the rules governing the arbitration.

What is the role of the arbitral tribunal in international arbitration?

  1. To decide the dispute

  2. To enforce the arbitration agreement

  3. To appoint the arbitrators

  4. To determine the applicable law

Show answer
Correct Option: A
Explanation:

The arbitral tribunal is responsible for hearing the evidence, considering the arguments of the parties, and making a final and binding decision on the dispute.

What is the difference between arbitration and mediation?

  1. Arbitration is binding, while mediation is non-binding.

  2. Arbitration is conducted by a neutral third party, while mediation is conducted by the parties themselves.

  3. Arbitration is typically more formal than mediation.

  4. All of the above

Show answer
Correct Option: D
Explanation:

Arbitration and mediation are both forms of alternative dispute resolution, but they differ in terms of their binding nature, the role of the third party, and the level of formality.

What are the advantages of international arbitration?

  1. It is a faster and more efficient process than litigation.

  2. It is more confidential than litigation.

  3. It allows the parties to choose the arbitrators and the rules of procedure.

  4. All of the above

Show answer
Correct Option: D
Explanation:

International arbitration offers several advantages over litigation, including speed, efficiency, confidentiality, and party autonomy.

What are the disadvantages of international arbitration?

  1. It can be more expensive than litigation.

  2. It may be difficult to enforce an arbitral award in some countries.

  3. The parties may not have the same level of access to justice as they would in a court of law.

  4. All of the above

Show answer
Correct Option: D
Explanation:

International arbitration also has some disadvantages, such as potential higher costs, difficulties in enforcing awards in certain jurisdictions, and potential disparities in access to justice.

What is the role of the International Court of Arbitration (ICC) in international arbitration?

  1. It provides a set of rules for conducting international arbitration.

  2. It administers international arbitration proceedings.

  3. It appoints arbitrators in international arbitration cases.

  4. All of the above

Show answer
Correct Option: D
Explanation:

The ICC plays a significant role in international arbitration by providing rules, administering proceedings, and appointing arbitrators.

What is the difference between an arbitration agreement and an arbitration clause?

  1. An arbitration agreement is a standalone contract, while an arbitration clause is a provision within a larger contract.

  2. An arbitration agreement is binding on all parties to the contract, while an arbitration clause is only binding on the parties who have signed it.

  3. An arbitration agreement is more formal than an arbitration clause.

  4. All of the above

Show answer
Correct Option: A
Explanation:

The primary difference between an arbitration agreement and an arbitration clause is their form and scope.

What is the role of the courts in international arbitration?

  1. To enforce arbitration agreements

  2. To review and set aside arbitral awards

  3. To appoint arbitrators

  4. All of the above

Show answer
Correct Option: D
Explanation:

Courts play a limited but important role in international arbitration, primarily in enforcing arbitration agreements, reviewing and setting aside arbitral awards, and appointing arbitrators in certain cases.

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