International Arbitration Law And Practice With
Complete Solutions Latest Update 2024
Elements of International Arbitration - correct answers - Consensual (Arb Clause -
before) (Sub Agrm - after)
- Dispute Resolution (scope of arbitration)
- Chosen by parties (competence/fair chance)
- Non-gov (arbitrators independent from state)
- Final decision (binding award) - 1958 NY Conv.
- Adjudicating Procedures (Procedural)
Int Inv Arb vs Int Com Arb - correct answers Inv (party always a state - jure imperii)
Com (party, if state acts in private capacity - jure gestionis)
Inv (multilateral treaty violation)
Com (Arb Clause - issue in contract)
Inv (apply Public IL)
Com (apply national law)
Inv (first exhaust domestic remedies)
Com (specifically opt out domestic)
,both insitutional or ad hoc
Institutional Arbitration - correct answers Proceedings administred by a specific
arbitral institution (ICC Int. Chamber of Commerce)
Soft law, but once incorporated becomes binding
Don't decide case --> assist tribunal who decides
Pros: predictable, efficient, less procedural risk, specialised staff, rule book
Cons: charge fee (costs), short time-limit (respondents)
Ad Hoc Arbitration - correct answers Without the supervision of institution, apply
national arbitration legislation (lex arbitri), they can incorproate procedural rules
(UNCITRAL)
5. confidential (debated - depends on law, proc order obliging confidentiality)
6. finality of award
, 7. enforceability of award (NY CONV)
Arb Agreement and Clause Requirements - correct answers 1. In writing
(interpreted broadly)
- non-signatories issue, group of companies theory
2. Existing or future dispute (NY and UNCITRAL require)
3. Disputes from a defined legal relation
- tortious allowed if agreed in arb agreement
4. Arbitrability
- subjective (individuals)
- objective (subject matter)
5. Legal Capacity
- depends on national law, beginning (consent issues) end (incapacity - set aside
award)
6. Arb Agreement valid under national law
Separability Doctrine - correct answers Arb clauses separate from contract
- survives contract termination or invalidity
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