ADR International Arbitration Standards 2 — Questions and Answers
Question 1: Under the UNCITRAL Model Law on International Commercial Arbitration, which ground allows a court to refuse recognition of a foreign arbitral award?
- The award was rendered in a country that is not a signatory to the New York Convention
- The subject matter of the dispute is not capable of settlement by arbitration under the law of the recognizing country (Correct answer)
- The losing party disagrees with the arbitrator's legal reasoning
- The arbitration took place in a different language than the recognition forum
Correct answer: The subject matter of the dispute is not capable of settlement by arbitration under the law of the recognizing country
Non-arbitrability of the subject matter under the law of the recognizing state is an explicit ground for refusing recognition under both the UNCITRAL Model Law and the New York Convention.
Question 2: The IBA Rules on the Taking of Evidence in International Arbitration primarily govern which aspect of arbitral proceedings?
- Selection and appointment of arbitrators
- Discovery, document production, and witness testimony procedures (Correct answer)
- Calculation of arbitration costs and fees
- Enforcement of interim measures by national courts
Correct answer: Discovery, document production, and witness testimony procedures
The IBA Rules on Evidence provide a framework for document requests, witness statements, expert reports, and evidentiary hearings in international arbitration.
Question 3: Which principle requires arbitrators in international proceedings to treat both parties with equality and give each a full opportunity to present its case?
- Kompetenz-Kompetenz
- Separability doctrine
- Due process or natural justice (Correct answer)
- Res judicata
Correct answer: Due process or natural justice
Due process (natural justice) mandates equal treatment and a fair hearing, and is codified in Article 18 of the UNCITRAL Model Law.
Question 4: When parties from different countries select a 'seat of arbitration,' what is the primary legal significance of that choice?
- It determines where the arbitration hearings must physically take place
- It establishes the national law governing the arbitration procedure and grounds for setting aside the award (Correct answer)
- It decides which country's substantive law applies to the merits of the dispute
- It fixes the currency in which the award must be denominated
Correct answer: It establishes the national law governing the arbitration procedure and grounds for setting aside the award
The seat (lex arbitri) determines which national procedural law governs the arbitration and which courts have supervisory jurisdiction to set aside the award.
Question 5: Under the ICSID Convention, which body has exclusive jurisdiction to annul an ICSID arbitral award?
- The International Court of Justice
- An ad hoc Annulment Committee appointed by the ICSID Administrative Council Chairman (Correct answer)
- The national courts of the seat of arbitration
- The arbitral tribunal that rendered the award
Correct answer: An ad hoc Annulment Committee appointed by the ICSID Administrative Council Chairman
ICSID awards can only be challenged through an internal annulment process before an ad hoc committee, not in national courts.
Question 6: What does the doctrine of 'separability' mean in the context of international arbitration?
- Arbitrators may separate complex disputes into multiple smaller arbitrations
- The arbitration clause survives independently even if the main contract is void or terminated (Correct answer)
- Parties must separately sign the arbitration agreement from the main contract
- Each arbitrator independently evaluates evidence without consulting co-arbitrators
Correct answer: The arbitration clause survives independently even if the main contract is void or terminated
Separability (also called autonomy or severability) treats the arbitration clause as a distinct agreement that is not affected by the alleged invalidity of the underlying contract.
Question 7: Which institution administers arbitration under the Arbitration Rules most commonly used in disputes involving parties from Asia-Pacific countries alongside international counterparts?
- The London Court of International Arbitration (LCIA)
- The Singapore International Arbitration Centre (SIAC) (Correct answer)
- The Stockholm Chamber of Commerce (SCC)
- The American Arbitration Association (AAA)
Correct answer: The Singapore International Arbitration Centre (SIAC)
SIAC is the leading arbitral institution in the Asia-Pacific region and is frequently chosen for disputes involving Asian and international parties.
ADR International Arbitration Standards 2
Under the UNCITRAL Model Law on International Commercial Arbitration, which ground allows a court to refuse recognition of a foreign arbitral award?