ADR International Arbitration Standards 2

Question 1

Under the UNCITRAL Model Law on International Commercial Arbitration, which ground allows a court to refuse recognition of a foreign arbitral award?

Accepted Answer

The subject matter of the dispute is not capable of settlement by arbitration under the law of the recognizing country

Answer

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?

Accepted Answer

Discovery, document production, and witness testimony procedures

Answer

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?

Accepted Answer

Due process or natural justice

Answer

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?

Accepted Answer

It establishes the national law governing the arbitration procedure and grounds for setting aside the award

Answer

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?

Accepted Answer

An ad hoc Annulment Committee appointed by the ICSID Administrative Council Chairman

Answer

ICSID awards can only be challenged through an internal annulment process before an ad hoc committee, not in national courts.

(ADR) Alternative Dispute Resolution Certification Practice Test

(ADR) Alternative Dispute Resolution Certification Practice Test

ADR International Arbitration Standards 2