CCNP Dispute Resolution 4

Question 1

A contract dispute clause states: 'Any dispute shall be finally resolved by arbitration in accordance with ICC Rules.' The ICC refers to:

Accepted Answer

International Chamber of Commerce

Answer

The ICC (International Chamber of Commerce) administers one of the world's most widely used sets of international arbitration rules, headquartered in Paris.

Question 2

When a dispute resolution provision lacks specificity about the number of arbitrators, most major arbitration rules default to:

Accepted Answer

A sole arbitrator unless the complexity warrants three

Answer

Most institutional rules (AAA, ICC, LCIA) default to a sole arbitrator for standard disputes, with three arbitrators available when the parties agree or the institution determines the case warrants it.

Question 3

In contract negotiation, a 'meet and confer' requirement before filing formal claims primarily serves to:

Accepted Answer

Filter out disputes that can be resolved informally without formal proceedings

Answer

Meet and confer requirements give parties a structured opportunity to resolve disputes directly before incurring the cost and time of formal arbitration or litigation.

Question 4

What is the doctrine of 'separability' in the context of arbitration agreements?

Accepted Answer

An arbitration clause survives challenges to the validity of the contract containing it

Answer

Separability (or severability) means the arbitration clause is treated as an independent agreement, so even if the main contract is void or rescinded, the arbitration clause may still be valid.

Question 5

In interest-based negotiation during dispute resolution, the focus should be on:

Accepted Answer

The underlying needs and concerns driving each party's stated position

Answer

Interest-based negotiation, as developed in 'Getting to Yes,' looks beneath stated positions to the underlying interests, enabling solutions that satisfy both parties' actual needs.

(CCNP) Certified Contract Negotiation Professional Practice Test

(CCNP) Certified Contract Negotiation Professional Practice Test

CCNP Dispute Resolution 4