International Arbitration: A Comprehensive Guide for Law Students

Question 1

Which foundational principle of international arbitration ensures the parties' autonomy in shaping the arbitral process?

Accepted Answer

Party autonomy

Answer

State sovereignty

Answer

Judicial review

Answer

Binding precedent

Question 2

In international arbitration, the arbitral tribunal is primarily responsible for:

Accepted Answer

Determining the applicable law and resolving the dispute

Answer

Enforcing the arbitral award

Answer

Appointing the arbitrators

Answer

Administering the arbitration proceedings

Question 3

The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards primarily focuses on:

Accepted Answer

Establishing a framework for the recognition and enforcement of arbitral awards across multiple jurisdictions

Answer

Providing guidelines for drafting arbitration agreements

Answer

Creating a court dedicated to adjudicating international arbitration disputes

Answer

Promoting arbitration as an effective means of international dispute resolution

Question 4

The International Court of Arbitration (ICC) plays a significant role in international arbitration by:

Accepted Answer

Administering arbitration proceedings and providing support to parties and tribunals

Answer

Adjudicating disputes between sovereign states

Answer

Drafting arbitration agreements and rules

Answer

Enforcing arbitral awards

Question 5

The UNCITRAL Model Law on International Commercial Arbitration serves primarily as:

Accepted Answer

A set of optional rules that states can adopt to govern international arbitration within their jurisdictions

Answer

A binding treaty ratified by numerous countries

Answer

A collection of case law precedents that guide arbitration proceedings

Answer

A non-binding resource for drafting arbitration agreements

Question 6

Which fundamental principles underpin international arbitration?

Accepted Answer

Limited national court intervention

Accepted Answer

Party autonomy

Answer

Transparency and public access

Answer

Arbitration is always the preferred dispute resolution method

Question 7

The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards applies to:

Accepted Answer

Arbitration agreements concluded and arbitral awards rendered after its entry into force

Answer

Arbitration agreements concluded after its entry into force

Question 8

Which of the following is a unique feature of institutional arbitration?

Accepted Answer

Pre-established rules and procedures

Answer

Appointment of arbitrators by the parties

Answer

Flexibility in tailoring the process to specific needs

Answer

Limited transparency

Question 9

The process of challenging an arbitral award under the UNCITRAL Model Law is known as:

Accepted Answer

Annulment

Answer

Revision

Question 10

According to the Kompetenz-Kompetenz principle, the arbitral tribunal has the exclusive power to determine:

Accepted Answer

Its own jurisdiction

Answer

The court has the primary power to determine the jurisdiction of the arbitral tribunal

Question 11

The concept of separability signifies that:

Accepted Answer

An arbitration clause is independent of the main contract

Answer

An arbitration clause is always binding on the parties

Question 12

Which of the following is NOT a potential benefit of international arbitration?

Accepted Answer

High costs

Answer

Enforceability of awards in multiple jurisdictions

Answer

Neutrality of the forum

Answer

Expediency and efficiency

Question 13

The principle of exhaustion of local remedies in international arbitration refers to:

Accepted Answer

The requirement that all domestic legal remedies must be exhausted before initiating international arbitration

Answer

The right of a party to choose between international arbitration and local courts

Question 14

The primary role of experts in international arbitration is to:

Accepted Answer

Provide technical or specialized knowledge to the arbitral tribunal

Answer

Act as arbitrators in the proceedings

Question 15

Which of the following is NOT a fundamental principle of international arbitration?

Accepted Answer

Mandatory compliance

Answer

Party autonomy

Answer

Neutrality

Answer

Finality

Question 16

Under the New York Convention on Arbitration, which court is competent to enforce an arbitration agreement?

Accepted Answer

Any court with jurisdiction over the parties

Answer

The court of the country in which the agreement was signed

Answer

The court of the country in which the arbitration is conducted

Answer

The court of the country where the subject matter of the dispute is located

Question 17

What is the primary purpose of the 'terms of reference' document in international arbitration?

Accepted Answer

To outline the scope and issues to be arbitrated

Answer

To establish the procedural rules for the arbitration

Answer

To appoint the arbitrators

Answer

To determine the venue of the arbitration

Question 18

Which of the following is NOT a common challenge encountered in international arbitration?

Accepted Answer

Predictable outcomes

Answer

Cultural differences

Answer

Language barriers

Answer

Enforcing awards in certain jurisdictions

Question 19

Explain the key difference between ad hoc and institutional arbitration.

Accepted Answer

In ad hoc arbitration, the parties create their own rules, while in institutional arbitration, they follow the rules of an arbitration institution.

Answer

In institutional arbitration, the parties have more flexibility in choosing arbitrators, while in ad hoc arbitration, they are appointed by the institution.

Answer

Ad hoc arbitration is typically more cost-effective than institutional arbitration.

Answer

Institutional arbitration is more prevalent in international disputes than ad hoc arbitration.

Question 20

What is the primary responsibility of the arbitral tribunal in international arbitration?

Accepted Answer

To adjudicate the dispute in accordance with the applicable law and the arbitration agreement

Answer

To enforce the arbitration award

Answer

To appoint the arbitrators

Answer

To determine the venue of the arbitration

Question 21

Which of the following is NOT a key advantage of international arbitration over litigation in resolving cross-border commercial disputes?

Accepted Answer

Guaranteed enforcement of awards in all jurisdictions.

Answer

Flexibility and party autonomy in shaping the proceedings.

Answer

Neutrality of the forum and potential for specialized expertise.

Question 22

The primary focus of the New York Convention is:

Accepted Answer

The recognition and enforcement of foreign arbitral awards.

Answer

Establishing a uniform set of arbitration rules.

Answer

Appointing arbitrators in international disputes.

Question 23

An arbitration clause within a contract is typically considered:

Accepted Answer

A separate agreement, distinct from the main contract.

Answer

Subject to the jurisdiction of national courts, even if it specifies otherwise.

Answer

Unenforceable if the main contract is deemed void.

Question 24

What does the principle of 'Kompetenz-Kompetenz' refer to in international arbitration?

Accepted Answer

The arbitral tribunal's authority to decide on its own jurisdiction.

Answer

The national court's right to review the merits of an arbitral award.

Answer

The parties' ability to select the applicable law governing the arbitration.

Question 25

Which of these is NOT a ground for refusing enforcement of an arbitral award under the New York Convention?

Accepted Answer

The award contradicts the law of the enforcing state.

Answer

One of the parties lacked proper notice of the proceedings.

Answer

The award was obtained through fraud or corruption.

Question 26

What is the role of an 'amiable compositeur' in international arbitration?

Accepted Answer

To decide the dispute based on principles of fairness and equity, not strictly bound by law.

Answer

To act as a mediator and facilitate a settlement between the parties.

Answer

To provide expert testimony on technical aspects of the dispute.

Question 27

The UNCITRAL Model Law on International Commercial Arbitration provides:

Accepted Answer

A framework for national arbitration laws that countries can adopt or modify.

Answer

A mechanism for resolving disputes between states.

Answer

A set of binding rules governing all international commercial arbitrations.

Question 28

What is the significance of the 'seat' of arbitration?

Accepted Answer

It determines the national law governing the arbitration procedure.

Answer

It dictates the language used in the arbitration.

Answer

It establishes the nationality of the arbitrators.