ARBITRATION Cheat Sheet 2026

The 30 highest-yield ARBITRATION facts, distilled from real exam questions. Print it, save it as a PDF, or study it here — free, no sign-up.

1. What is the role of ethics in enforcing arbitration awards? → Ethics ensures that arbitration awards are enforced fairly and justly.
2. What is a 'president' or 'presiding arbitrator' in a three-member tribunal? → The arbitrator elected by the other two to chair the tribunal and manage proceedings
3. What is 'spoliation' in the context of arbitral evidence? → The intentional destruction or alteration of relevant evidence
4. What risk does a party face if it drafts an arbitration clause that is found to be unconscionable by a court? → The clause may be invalidated and the parties may be required to litigate in court instead
5. What is the ethical responsibility of a mediator when conflicts of interest arise? → The mediator must disclose the conflict of interest and may need to withdraw.
6. Which clause in an arbitration agreement allows one proceeding to address claims by or against multiple related parties simultaneously? → Consolidation or class arbitration clause
7. What is the role of mediation in conflict resolution? → To help the parties communicate and negotiate with the help of a neutral third party.
8. What is a key feature of the arbitration process? → Arbitration is faster, less expensive, and more private than litigation.
9. Which of the following is NOT a valid ground to vacate an arbitral award under FAA Section 10? → The arbitrator made a legal error in applying the law
10. How does a mediator maintain neutrality in the process? → By staying neutral, without offering personal opinions.
11. What is the primary goal of conflict resolution? → To find a solution that satisfies both parties.
12. What does 'confirmation of an arbitral award' mean under US law? → A court converts the arbitral award into a court judgment enforceable by court mechanisms
13. What does 'lex arbitri' refer to in international arbitration? → The procedural law of the seat of arbitration
14. What is an essential quality for a successful negotiator? → Patience, understanding, and effective communication skills.
15. What does a 'delegation clause' within an arbitration agreement accomplish? → It assigns the question of arbitrability itself to the arbitrator rather than a court
16. What does impartiality mean in dispute resolution? → The mediator is neutral and treats both parties equally.
17. How does confidentiality play a role in arbitration? → Confidentiality helps parties discuss matters freely without public exposure.
18. What is FINRA arbitration primarily used for in the US financial industry? → Resolving disputes between investors and broker-dealers or between industry parties
19. What is a 'demand for arbitration' under AAA Commercial Rules? → The formal document filed with the AAA to initiate arbitration proceedings
20. Under AAA/ICDR rules, what is the standard for disqualifying an arbitrator? → Evident partiality or lack of independence demonstrated by specific facts
21. What is the UNCITRAL Arbitration Rules primarily designed for? → Ad hoc international arbitrations without an administering institution
22. Which doctrine allows a court to enforce an arbitration agreement against a non-signatory? → Equitable estoppel
23. How does conflict resolution help in personal relationships? → It helps find solutions that strengthen the relationship.
24. When a fact witness's testimony conflicts with documentary evidence, what should the arbitrator generally do? → Assess credibility of both and weigh the totality of evidence
25. What is 'construction arbitration' commonly used to resolve? → Disputes over design defects, delays, payment, and change orders in construction projects
26. Under the Federal Arbitration Act (FAA), what is the arbitrator's authority regarding document production? → Arbitrators may summon witnesses and compel production of documents under Section 7
27. What does 'authentication' of evidence mean in arbitration proceedings? → Establishing that a document is what it purports to be
28. What is the difference between arbitration and litigation? → Arbitration is private and faster than litigation.
29. What does the 'English rule' (fee-shifting) regarding costs mean in international arbitration? → The losing party typically pays the prevailing party's legal fees and arbitration costs
30. In maritime arbitration, what organization administers most US domestic shipping disputes? → Society of Maritime Arbitrators (SMA) in New York