Exam (elaborations)
International Arbitration With Complete Solutions Latest Update 2024
- Institution
- International Arbitration & Dispute Resolution
International Arbitration With Complete Solutions Latest Update 2024
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International Arbitration With CompleteSolutions Latest Update 2024
Arbitration Definition - correct answers dispute settlement process that is
consensual and private in nature and operation. (oppose. to litigation = proced.
rules ≠ amenable by party approval)
principle of seperability - correct answers even if the contract in which the
abritration clause is found, is ruled null - that particular clause may survive
lex arbitri - correct answers = LAW OF THE SEAT:
- what are their powers, proceedings, location (generally these are the national
arbitration rules of the law of the seat)
- agree on the legal framework (jurisdiction of the arbitrator) - i.e. english
procedural rules
- substantive rules
3 PHASES OF ARBIT. - correct answers 1) drafting / insertion of arbit. clause into
contract (compromis)
2) commencement of arbitration by one of the parties
3) recognition and enforcement of the arbitral award
, res judica - correct answers can't have review on the same subject again, it's final.
can't appeal this ruling.
kompetenz-kompetenz - correct answers the arbitration tribunal has the
competence to decide its own competences (i.e. if it's able to preside over a
certain case etc.)
UNCITRAL MODEL Law - correct answers
NY Convention 1958 - correct answers harmonization of acceptance of foreign
awards. most countries have signed to this treaty
Juridictional theory (theoretical foundation) - correct answers theory crucial role of
national law < public function of arbitration
Contractual theory - correct answers crucial role of party autonomy (above any
legal norms) < arbitration is a mandate or contract matter (i.e. a private matter)
Hybrid Theory - correct answers public (juridictional theory)) + private (contractual
theory) (nb: parties are content to rely not only on national law but also on trade
usage, equitable principles and other transnational rules)
Autonomous theory - correct answers theory hybrid theory + arbitration is an
instrument to meet the needs of business and trade, independent from domestic
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