Arbitration and International Law

Description: This quiz covers various aspects of Arbitration and International Law, including the history, principles, types, and enforcement of international arbitration.
Number of Questions: 10
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Tags: arbitration international law dispute resolution
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What is the primary purpose of international arbitration?

  1. To resolve disputes between individuals from different countries

  2. To enforce contracts between businesses from different countries

  3. To promote trade and economic cooperation between countries

  4. To protect the rights of foreign investors


Correct Option: A
Explanation:

International arbitration is a process by which disputes between individuals or businesses from different countries are resolved by an impartial third party, known as an arbitrator.

Which of the following is NOT a principle of international arbitration?

  1. Impartiality and independence of the arbitrator

  2. Equality of the parties

  3. Finality of the award

  4. Confidentiality of the proceedings


Correct Option: D
Explanation:

Confidentiality is not a principle of international arbitration. In fact, many arbitration rules and laws require that the proceedings be open to the public.

What are the two main types of international arbitration?

  1. Ad hoc arbitration and institutional arbitration

  2. Commercial arbitration and investor-state arbitration

  3. Domestic arbitration and international arbitration

  4. Binding arbitration and non-binding arbitration


Correct Option: A
Explanation:

Ad hoc arbitration is a type of arbitration where the parties appoint their own arbitrators and agree on the rules of the arbitration. Institutional arbitration is a type of arbitration where the parties submit their dispute to an arbitral institution, which then appoints the arbitrators and administers the arbitration.

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

  1. To hear the evidence and arguments of the parties

  2. To make a decision on the dispute

  3. To enforce the arbitral award

  4. To appoint the arbitrators


Correct Option: A
Explanation:

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

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

  1. A treaty that governs the enforcement of arbitral awards in international arbitration

  2. A set of rules for conducting international arbitration

  3. A body that appoints arbitrators in international arbitration

  4. A database of international arbitration awards


Correct Option: A
Explanation:

The New York Convention is a treaty that governs the enforcement of arbitral awards in international arbitration. It was adopted in 1958 and has been ratified by over 160 countries.

What are the grounds for refusing to enforce an arbitral award under the New York Convention?

  1. The award was obtained by fraud or corruption

  2. The award is contrary to public policy

  3. The award is not final and binding

  4. All of the above


Correct Option: D
Explanation:

Under the New York Convention, an arbitral award can be refused enforcement if it was obtained by fraud or corruption, if it is contrary to public policy, or if it is not final and binding.

What is the ICSID Convention?

  1. A treaty that governs the settlement of investment disputes between investors and states

  2. A set of rules for conducting investor-state arbitration

  3. A body that appoints arbitrators in investor-state arbitration

  4. A database of investor-state arbitration awards


Correct Option: A
Explanation:

The ICSID Convention is a treaty that governs the settlement of investment disputes between investors and states. It was adopted in 1965 and has been ratified by over 150 countries.

What are the advantages of international arbitration?

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

  2. It is less expensive than litigation

  3. It is more confidential than litigation

  4. All of the above


Correct Option: D
Explanation:

International arbitration has several advantages over litigation, including its speed, efficiency, cost-effectiveness, and confidentiality.

What are the disadvantages of international arbitration?

  1. It can be more expensive than litigation

  2. It can be less transparent than litigation

  3. It can be more difficult to enforce an arbitral award than a court judgment

  4. All of the above


Correct Option: D
Explanation:

International arbitration also has some disadvantages, including its potential cost, lack of transparency, and difficulty in enforcing arbitral awards.

What is the future of international arbitration?

  1. It will become more popular as a means of resolving international disputes

  2. It will become less popular as a means of resolving international disputes

  3. It will remain the same as it is today

  4. It is impossible to predict


Correct Option: D
Explanation:

It is impossible to predict the future of international arbitration with certainty. However, it is likely that it will continue to play an important role in the resolution of international disputes.

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