ADR International Arbitration Standards 3

Question 1

Under the New York Convention (Article V(1)(b)), an award may be refused recognition if the party against whom enforcement is sought was:

Accepted Answer

Not given proper notice of arbitrator appointment or was unable to present its case

Answer

Article V(1)(b) of the New York Convention permits refusal of enforcement when a party was not given proper notice or was unable to present its case, reflecting due process concerns.

Question 2

In international arbitration, what is the purpose of an 'emergency arbitrator' mechanism offered by institutions like ICC and SIAC?

Accepted Answer

To grant urgent interim relief before the full arbitral tribunal is constituted

Answer

Emergency arbitrator provisions allow parties to obtain urgent interim measures (e.g., asset freezes) before the full tribunal is in place.

Question 3

The UNCITRAL Transparency Rules, adopted in 2014, apply primarily to which category of arbitration?

Accepted Answer

Investor-State arbitration under treaties concluded after April 1, 2014

Answer

The UNCITRAL Transparency Rules establish public access to documents and hearings in treaty-based investor-state arbitrations commenced after April 1, 2014.

Question 4

Which of the following best describes 'consolidation' in international arbitration?

Accepted Answer

Combining multiple related arbitrations into a single proceeding

Answer

Consolidation joins two or more separate arbitrations—often arising from related contracts or parties—into one unified proceeding to avoid inconsistent awards and reduce costs.

Question 5

Under Article 17 of the UNCITRAL Model Law (2006 amendments), an arbitral tribunal has authority to order interim measures. Which of the following is NOT listed as a condition for granting such measures?

Accepted Answer

The requesting party provides security for costs of the measure

Answer

The Model Law does not require the requesting party to provide security as a mandatory condition; the tribunal may but need not require security.

(ADR) Alternative Dispute Resolution Certification Practice Test

(ADR) Alternative Dispute Resolution Certification Practice Test

ADR International Arbitration Standards 3