Arbitration International Arbitration Practice 2

Question 1

What is 'kompetenz-kompetenz' (competence-competence) in international arbitration?

Accepted Answer

The power of the arbitral tribunal to rule on its own jurisdiction

Answer

Kompetenz-kompetenz is the principle that an arbitral tribunal has the power to determine its own jurisdiction, including the validity and scope of the arbitration agreement.

Question 2

Under ICSID, which types of disputes are eligible for arbitration?

Accepted Answer

Legal disputes arising directly from an investment between a Contracting State and a national of another Contracting State

Answer

ICSID jurisdiction requires: a legal dispute, arising directly from an investment, between a Contracting State and a national of another Contracting State that has consented to ICSID.

Question 3

What is the role of an 'emergency arbitrator' under modern institutional rules?

Accepted Answer

An emergency arbitrator grants urgent interim relief before the full tribunal is constituted

Answer

Emergency arbitrator procedures allow a party to obtain urgent interim measures before the full tribunal is constituted, addressing time-sensitive situations.

Question 4

What is 'most favored nation' (MFN) treatment in the context of investment treaty arbitration?

Accepted Answer

A treaty provision allowing an investor to claim better treatment available to investors from third countries

Answer

MFN clauses in investment treaties allow investors to invoke more favorable treatment that the host state accords to investors of third countries, including potentially better dispute resolution provisions.

Question 5

What does 'fork-in-the-road' mean in investment treaty arbitration?

Accepted Answer

A treaty provision requiring an investor to elect between domestic courts and international arbitration, barring a subsequent change

Answer

A fork-in-the-road clause requires the investor to choose between submitting the dispute to domestic courts or international arbitration, with the choice being final and exclusive.

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration International Arbitration Practice 2