Arbitration International Arbitration Practices

Question 1

Which international arbitration institution administers the largest volume of international commercial arbitration cases globally?

Accepted Answer

ICC

Answer

The International Chamber of Commerce (ICC) administers one of the largest volumes of international commercial arbitration cases worldwide.

Question 2

What is the 'seat' of arbitration and why is it significant?

Accepted Answer

The legal domicile of the arbitration that determines applicable procedural law and supervisory courts

Answer

The seat determines which country's arbitration law governs the proceedings and which courts have supervisory jurisdiction over the arbitration.

Question 3

What does 'lex arbitri' refer to in international arbitration?

Accepted Answer

The procedural law of the seat of arbitration

Answer

Lex arbitri is the procedural law of the arbitral seat that governs the arbitration process, including validity of the agreement and grounds for challenging awards.

Question 4

Under the UNCITRAL Model Law, what is the standard for determining arbitrability of a dispute?

Accepted Answer

Whether the subject matter is capable of settlement by arbitration under applicable law

Answer

The UNCITRAL Model Law makes arbitrability dependent on whether the subject matter can be settled by arbitration under the law of the seat.

Question 5

What is 'kompetenz-kompetenz' in international arbitration?

Accepted Answer

The tribunal's authority to rule on its own jurisdiction

Answer

Kompetenz-kompetenz (or compétence-compétence) is the principle that an arbitral tribunal can determine its own jurisdiction, including challenges to the arbitration agreement's validity.

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration International Arbitration Practices