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Arbitration Law: The Arbitration Award

Description: This quiz will test your knowledge on the topic of Arbitration Law: The Arbitration Award.
Number of Questions: 15
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Tags: arbitration law arbitration award arbitration process
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What is the primary purpose of an arbitration award?

  1. To resolve disputes between parties

  2. To establish legal precedent

  3. To determine the guilt or innocence of a defendant

  4. To enforce a contract


Correct Option: A
Explanation:

The primary purpose of an arbitration award is to resolve disputes between parties by providing a binding and enforceable decision.

Who is responsible for issuing an arbitration award?

  1. The arbitrator

  2. The court

  3. The parties involved in the dispute

  4. A government agency


Correct Option: A
Explanation:

The arbitrator is the individual or panel responsible for hearing the evidence and arguments presented by the parties and issuing a final and binding decision.

What is the general rule regarding the enforceability of arbitration awards?

  1. Arbitration awards are generally enforceable

  2. Arbitration awards are only enforceable if they are confirmed by a court

  3. Arbitration awards are not enforceable unless they are appealed

  4. Arbitration awards are not enforceable if they are contrary to public policy


Correct Option: A
Explanation:

Arbitration awards are generally enforceable as long as they are issued by a properly constituted arbitration panel and are not contrary to public policy.

What are the grounds for challenging an arbitration award?

  1. Fraud or corruption

  2. Arbitrator misconduct

  3. Procedural irregularities

  4. All of the above


Correct Option: D
Explanation:

Arbitration awards can be challenged on the grounds of fraud or corruption, arbitrator misconduct, procedural irregularities, or other grounds specified in the arbitration agreement or applicable law.

What is the role of the court in the enforcement of arbitration awards?

  1. To confirm or vacate the award

  2. To modify the award

  3. To enforce the award

  4. All of the above


Correct Option: D
Explanation:

The court plays a role in the enforcement of arbitration awards by confirming or vacating the award, modifying the award if necessary, and enforcing the award against the losing party.

What is the effect of an arbitration award on the parties involved in the dispute?

  1. It is binding and enforceable

  2. It is advisory only

  3. It can be appealed

  4. It can be modified by the court


Correct Option: A
Explanation:

An arbitration award is binding and enforceable on the parties involved in the dispute, meaning that they are legally obligated to comply with the terms of the award.

What is the difference between an arbitration award and a court judgment?

  1. An arbitration award is binding on the parties, while a court judgment is not

  2. An arbitration award is issued by an arbitrator, while a court judgment is issued by a judge

  3. An arbitration award is final and cannot be appealed, while a court judgment can be appealed

  4. An arbitration award is enforceable only in the jurisdiction where it was issued, while a court judgment is enforceable in all jurisdictions


Correct Option: B
Explanation:

The primary difference between an arbitration award and a court judgment is that an arbitration award is issued by an arbitrator, while a court judgment is issued by a judge.

What are the advantages of arbitration over litigation?

  1. Arbitration is typically faster and less expensive than litigation

  2. Arbitration is more confidential than litigation

  3. Arbitration allows the parties to choose their own decision-maker

  4. All of the above


Correct Option: D
Explanation:

Arbitration offers several advantages over litigation, including speed, cost-effectiveness, confidentiality, and the ability to choose the decision-maker.

What are the disadvantages of arbitration?

  1. Arbitration is less formal than litigation

  2. Arbitration awards are not subject to appeal

  3. Arbitration can be more expensive than litigation

  4. All of the above


Correct Option: B
Explanation:

One of the main disadvantages of arbitration is that arbitration awards are generally not subject to appeal, which means that the parties have limited options if they disagree with the outcome of the arbitration.

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

  1. To hear evidence and arguments from the parties

  2. To issue a final and binding decision

  3. To enforce the arbitration award

  4. All of the above


Correct Option: D
Explanation:

The arbitral tribunal plays a crucial role in the arbitration process by hearing evidence and arguments from the parties, issuing a final and binding decision, and enforcing the arbitration award.

What are the different types of arbitration awards?

  1. Final awards

  2. Interim awards

  3. Partial awards

  4. All of the above


Correct Option: D
Explanation:

There are different types of arbitration awards, including final awards, interim awards, and partial awards, each serving different purposes in the arbitration process.

What is the concept of ' Kompetenz-Kompetenz' in arbitration?

  1. The authority of the arbitral tribunal to decide its own jurisdiction

  2. The authority of the arbitral tribunal to determine the applicable law

  3. The authority of the arbitral tribunal to enforce its own award

  4. The authority of the arbitral tribunal to appoint its own members


Correct Option: A
Explanation:

Kompetenz-Kompetenz refers to the authority of the arbitral tribunal to decide its own jurisdiction, including its competence to decide on its own competence.

What is the principle of ' Kompetenz-Kompetenz' based on?

  1. The principle of party autonomy

  2. The principle of judicial economy

  3. The principle of finality

  4. All of the above


Correct Option: D
Explanation:

The principle of Kompetenz-Kompetenz is based on the principles of party autonomy, judicial economy, and finality, recognizing the importance of allowing the arbitral tribunal to determine its own jurisdiction and avoid unnecessary delays and disputes.

What are the consequences of an arbitral tribunal exceeding its jurisdiction?

  1. The arbitral award may be set aside by a court

  2. The arbitral award may be unenforceable

  3. The arbitral tribunal may be subject to liability

  4. All of the above


Correct Option: D
Explanation:

If an arbitral tribunal exceeds its jurisdiction, the arbitral award may be set aside by a court, it may be unenforceable, and the arbitral tribunal may be subject to liability.

What is the role of the court in reviewing arbitration awards?

  1. To confirm or vacate the award

  2. To modify the award

  3. To enforce the award

  4. All of the above


Correct Option: D
Explanation:

The court plays a limited role in reviewing arbitration awards, primarily focusing on confirming or vacating the award, modifying it if necessary, and enforcing it against the losing party.

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