Enforcement of Arbitration Awards: Online Learning Quizzes

Question 1

Under the New York Convention, what is the distinction between recognition and enforcement of arbitral awards?

Accepted Answer

Recognition acknowledges the award's validity, while enforcement compels compliance with its terms.

Answer

Under the Convention, recognition is mandatory, while enforcement is discretionary.

Answer

The Convention only applies to awards involving parties from different countries.

Answer

Recognition and enforcement under the Convention are always automatic and unconditional.

Question 2

Which of the following grounds is NOT listed in the Arbitration Act 1996 as a valid reason to refuse to enforce an arbitration award?

Accepted Answer

The subject matter of the dispute is not capable of settlement by arbitration.

Answer

The arbitration award was obtained through fraud or corruption.

Answer

The constitution of the arbitral tribunal was not in accordance with the agreement of the parties or the law.

Answer

The arbitration agreement was procured under duress.

Question 3

In the United Kingdom, which of the following is NOT a recognized method for enforcing an arbitration award?

Accepted Answer

Seizing the assets of the losing party without obtaining a court order.

Answer

Applying to the court for an order to enforce the award.

Answer

Bringing an action on the award as a contract.

Answer

Applying to the court for summary judgment.

Question 4

Which of the following factors is NOT typically considered by a court when deciding whether to enforce an arbitration award?

Accepted Answer

The nationality of the losing party.

Answer

The fairness of the arbitration proceedings.

Answer

The public policy implications of the award.

Answer

The location of the arbitration.

Question 5

True or False: Arbitration is widely accepted as a more efficient and cost-effective method of dispute resolution compared to litigation.

Accepted Answer

True

Answer

False

Question 6

Which of the following is NOT a potential benefit of incorporating an arbitration clause into a contract?

Accepted Answer

Guaranteeing a favorable outcome in the arbitration.

Answer

Avoiding the costs and delays associated with litigation.

Answer

Providing flexibility and customization in the dispute resolution process.

Answer

Preserving the confidentiality of the dispute.

Question 7

Under the New York Convention, what is the initial step to enforce an arbitration award domestically?

Accepted Answer

File a motion with the court

Answer

Serve the opposing party with the award

Answer

Negotiate a settlement with the opposing party

Answer

Appeal to the arbitration tribunal

Question 8

In the enforcement of arbitration awards, what is the primary purpose of considering public policy?

Accepted Answer

To prevent enforcement of awards that violate fundamental legal principles

Answer

To overturn awards deemed unfair or unjust

Answer

To allow courts to modify award terms

Answer

To apply only to domestic arbitration awards

Question 9

Which type of arbitration is characterized by the parties directly selecting the arbitrators?

Accepted Answer

Ad hoc arbitration.

Answer

Institutional arbitration.

Question 10

What is the primary role of an arbitrator?

Accepted Answer

To adjudicate the dispute between the parties.

Answer

To enforce the terms of the arbitration award.

Answer

To facilitate a settlement between the parties.

Answer

To provide legal advice to the parties.

Question 11

Under which condition will an English court typically grant summary judgment to enforce an arbitration award?

Accepted Answer

Where the award is final and binding, and there are no arguable grounds for resisting enforcement

Answer

Where the award is made under the Arbitration Act 1996

Answer

Where the award is subject to the New York Convention

Answer

Where the award is made in writing and signed by the parties

Question 12

Which international convention provides a framework for the recognition and enforcement of arbitration awards?

Accepted Answer

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

Answer

The Hague Convention on Choice of Court Agreements

Answer

The Geneva Convention

Answer

The Vienna Convention

Question 13

What is the primary role of the courts in the enforcement of arbitration awards?

Accepted Answer

To review the award and determine whether it is valid and enforceable

Answer

To supervise the performance of the award

Answer

To amend or set aside the award

Answer

To decide the merits of the dispute

Question 14

What is a key advantage of enforcing arbitration awards?

Accepted Answer

They provide finality and certainty in resolving disputes

Answer

They guarantee a fair and impartial outcome

Answer

They are always quick and inexpensive

Answer

They are typically confidential

Question 15

Which of the following is NOT a requirement for the enforcement of an arbitration award under the Arbitration Act 1996?

Accepted Answer

The award was made orally

Answer

The award is final and binding

Answer

The award was made in writing

Answer

The award was made by an arbitrator who had jurisdiction

Question 16

What is the primary purpose of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards?

Accepted Answer

To facilitate the enforcement of foreign arbitration awards in contracting states

Answer

To harmonize the laws of different countries on arbitration

Answer

To provide a forum for the resolution of international arbitration disputes

Question 17

What is the difference between a summary judgment and a full trial in the context of enforcing an arbitration award?

Accepted Answer

A summary judgment is decided based on written submissions, while a full trial involves a hearing of evidence and witness examination.

Answer

A summary judgment is always granted in favor of the party seeking enforcement, while a full trial may result in the award being set aside

Question 18

True or False: The Arbitration Act 1996 provides for the enforcement of both domestic and international arbitration awards.

Accepted Answer

True

Answer

False

Answer

The Arbitration Act 1996 only provides for the enforcement of international arbitration awards

Answer

The Arbitration Act 1996 only provides for the enforcement of domestic arbitration awards

Question 19

Which of the following is NOT a factor that a court may consider when deciding whether to grant summary judgment in an action to enforce an arbitration award?

Accepted Answer

The personal beliefs of the judge

Answer

The complexity of the case

Answer

The presence of genuine issues of fact

Question 20

What is the role of the court in enforcing an arbitration award?

Accepted Answer

To ensure that the award is valid and enforceable, and to enforce the award if it is

Answer

To review the merits of the award and to set it aside if it is found to be incorrect

Answer

To act as a mediator between the parties to the arbitration

Question 21

What is the legal effect of an arbitration award once it has been enforced by a court?

Accepted Answer

It becomes binding on the parties as if it were a judgment of the High Court of England and Wales

Answer

It is only binding on the parties for a limited period of time

Answer

It is only binding on the parties if they agree to it

Question 22

What is the role of the court in enforcing an arbitration award under the Arbitration Act 1996 ?

Accepted Answer

To ensure that the award is enforceable under the Act and to supervise its enforcement

Answer

To determine the merits of the award

Question 23

What is the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards?

Accepted Answer

An international treaty that provides a uniform legal framework for the recognition and enforcement of arbitration awards made in foreign countries

Answer

A domestic law that governs the enforcement of arbitration awards in the United Kingdom

Question 24

What are the grounds for refusing to enforce an arbitration award under the New York Convention?

Accepted Answer

The award was obtained by fraud or corruption, the award is contrary to public policy, or the award is not binding on the parties

Answer

The award was made in a country that is not a party to the New York Convention

Question 25

What is the "Brussels Regulation" on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters?

Accepted Answer

A European Union regulation that provides a uniform legal framework for the recognition and enforcement of arbitration awards within the EU

Answer

A United Nations treaty that applies to all countries in the world

Question 26

What is the main difference between the New York Convention and the Brussels Regulation?

Accepted Answer

The New York Convention is a global treaty, while the Brussels Regulation is a regional regulation that applies only to the EU

Answer

The New York Convention applies to all types of arbitration awards, while the Brussels Regulation only applies to commercial arbitration awards