Arbitration Arbitration Awards and Enforcement 1

Question 1

Under the New York Convention (1958), what is required for an arbitral award to be enforceable in a signatory country?

Accepted Answer

The award must be made in writing and signed by the arbitrators in a country that is party to the Convention

Answer

The New York Convention requires that the award be in writing, signed by the arbitrators, and rendered in a Convention signatory state to qualify for enforcement.

Question 2

What are the grounds for refusing enforcement of a foreign arbitral award under Article V of the New York Convention?

Accepted Answer

Limited grounds such as incapacity, improper notice, excess of authority, public policy, or non-arbitrability

Answer

Article V provides an exhaustive list of narrow grounds for refusing enforcement, including procedural defects, public policy violations, and non-arbitrability.

Question 3

Under the FAA, what is the time limit for filing a motion to vacate a domestic arbitration award?

Accepted Answer

3 months

Answer

FAA Section 12 requires that a motion to vacate an arbitral award be served within three months of the award's delivery.

Question 4

Which of the following is NOT a valid ground to vacate an arbitral award under FAA Section 10?

Accepted Answer

The arbitrator made a legal error in applying the law

Answer

A legal error by the arbitrator is generally not a valid ground for vacatur under the FAA; courts do not review the merits of arbitral decisions.

Question 5

What is a 'reasoned award' in arbitration?

Accepted Answer

An award that includes the arbitrator's factual findings and legal reasoning

Answer

A reasoned award includes the arbitrator's explanation of the factual findings and legal basis for the decision, as opposed to a bare award that simply states the outcome.

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration Arbitration Awards and Enforcement 1