Scribd
Upload
207 views2 pages

Assignment Questions Given 2014

The document contains 14 questions related to international commercial arbitration law. It asks about key characteristics and differences between institutional, ad hoc and international commercial arbitration. It also asks about important elements of the UNCITRAL Model Law, advantages of arbitration over litigation, alternative dispute resolution methods, the role of parties and courts in establishing and enforcing arbitration, requirements for a valid arbitration clause, interpretation of terms in the New York Convention, and principles of arbitrator independence and importance of arbitration seat.

Uploaded by

stevenpro89
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
207 views2 pages

Assignment Questions Given 2014

The document contains 14 questions related to international commercial arbitration law. It asks about key characteristics and differences between institutional, ad hoc and international commercial arbitration. It also asks about important elements of the UNCITRAL Model Law, advantages of arbitration over litigation, alternative dispute resolution methods, the role of parties and courts in establishing and enforcing arbitration, requirements for a valid arbitration clause, interpretation of terms in the New York Convention, and principles of arbitrator independence and importance of arbitration seat.

Uploaded by

stevenpro89
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 2

ASSIGNMENT FOR PETROLEUM LAW, POLICIES & FISCAL SYSTEMS DATE DUE: 11 April 2014 1.

When is arbitration international and what are the implications? 2. What are the essential characteristics of institutional arbitration and how does it compare with ad hoc arbitration? 3. What are the essential characteristics of international commercial arbitration? 4. What do you consider the three most important elements of the UNCITRAL Model Law on International Commercial Arbitration? 5. Describe the advantages of arbitration over national court procedures. What makes arbitration pertinent in disputes rising from international transactions? 6. What are the alternative forms of dispute settlement and what is the essential difference between these and arbitration? 7. It is the parties who establish the arbitration and who are the source of the jurisdiction and authority of the arbitrators. The parties can, by their mutual agreement, sack the arbitrators, vary the terms of their authority and fix the procedure and issues for their decision. National law and the courts have no authority over the arbitration. Discuss. 8. Describe the circumstances in which a court can (and should) intervene in the arbitral process to assist and enforce the authority of the arbitrators. 9. What are the essential characteristics of a valid and effective arbitration clause? 10. Do you consider the following to be an effective arbitration clause? Please give your reasons.
Any difference between the parties, including with respect to interpretation, which they cannot resolve by agreement, shall be amicably resolved by international arbitration under the English Supreme Court. There shall be three arbitrators, one each to be nominated by the parties, and the chairman to be agreed. If the parties and the party-nominated arbitrators cannot agree on the chairman, the appointment shall be made, at the request of either party, by the President of the

Court of International Arbitration, in London or Paris. The arbitration shall have its seat in the country in which the chairman lives. The arbitration shall be conducted in accordance with internationally accepted arbitration rules.

11. Please comment, with your reasons, on the effectiveness of the following arbitration clause:
Any dispute or claim by one party against the other, or any difference relating to the interpretation of this agreement, shall be amicably resolved by arbitration under the rules of the international arbitration court. The arbitration shall be held in London or Paris, at the exclusive choice of the defendant. The sole arbitrator will be Eur.Ing Colin Roberts of the CEPMLP of the University of Dundee.

12. What is meant by null and void, inoperative and incapable of being performed in Article II.3 of the New York Convention? 13 . What principles determine whether an arbitrator is independent or impartial? 14. What is the seat or place of arbitration? How is it determined? Why is it important? Your answer should be about 1000 words 10% DO NOT PAD IT OUT

You might also like