RMIT Classification: Trusted RMIT Classification: Trusted RMIT Classification: Trusted JUST2326/2331 (Arbitration) Assignment-1 (50 marks) Due Date-25 July 2021 Instruction to Students: Answer the...

ARBITRATIONJUST2326/2331



Answer questions 11-50 (short answer questions 1-3 sentences with reference to relevant law)



RMIT Classification: Trusted RMIT Classification: Trusted RMIT Classification: Trusted JUST2326/2331 (Arbitration) Assignment-1 (50 marks) Due Date-25 July 2021 Instruction to Students: Answer the following questions. Every question requires you to answer in a certain way which is indicated there. You answer must be based on Model Law, Arbitration Act, 1974 of Australia as amended, NY Convention, UNCITRAL Rules, ACICA Rules, and relevant IBA Guidelines. If different laws say differently on a point then you may answer on any one but indicate which law or rules you are using to answer that question. Questions Answer following questions (1-7) by indicating True/False 1. A party to an arbitral agreement can always withdraw its consent to arbitrate. (1mark) False 2. If the respondent fails to answer the claim the arbitration must be terminated. (1mark) False 3. Investment arbitrations are commercial arbitrations. (1 mark) False 4. Arbitration may take place in a State that has no relationship to the dispute or to the parties. (1 mark) True 5. It is easier to procure the enforcement of the decision of a foreign court than to procure the enforcement of a foreign arbitral award. (1 mark) False 6. Arbitral awards are subject to appeal to the courts on the same grounds as the decisions of courts are subject to appeal. (1 mark) False 7. It is not necessary to be a lawyer to serve as an arbitrator. (1 mark) True Answer following questions (8-10) by indicating Yes/No 8. Is the signature of the parties a validity requirement for the arbitration agreement under the Model Law? (1 mark) Yes 9. Can the parties agree to arbitrate conflicts that arise out of a non-contractual legal relationship? (1 mark) Yes 10. Does tribunal has power to rule upon its own jurisdiction? (1 mark) Yes Give Short Answers (1-3 sentences maximum with reference to the relevant law) to the following Questions (11-50) 11. If the parties include an arbitration clause in a contract, are they allowed to go to court? (1 mark) 12. What main differences can you find between article 8 of the Model Law and Article II.3 of the New York Convention? (1 mark) 13. What are the consequences if one of the parties to a contract containing an arbitration clause files a lawsuit on a matter included in the arbitration clause?(1 mark) 14. At what moment during the proceeding must the defense of lack of jurisdiction of the tribunal be raised contending invalidity of the main contract? Can such defense be raised by the party who participated in the appointment of the arbitrators? (1 mark) 15. What legal consequences normally arise from the seat of the arbitration? Is it advisable to agree on a country or a city? (1 mark) 16. Which courts may conceivably have jurisdiction to make a default appointment of arbitrator? (1 mark) 17. May an arbitrator be of the same nationality as one of the parties? (1 mark) 18. What if an arbitrator is from the same law school and law school class as a lawyer representing one of the parties? Should those arbitrators be screened out on account of their group affiliation? (1 mark) 19. Is it possible to raise the issue of the challenge to arbitrator in New York Convention countries at the time the award is sought to be enforced? (1 mark) 20. May an arbitrator who is a partner in a law firm be allowed to disclose information about the case in arbitration to one of his partners? (1 mark) 21. What do you understand by the term “party autonomy”? (1 mark) 22. Are there any matters that may restrict the parties’ability to agree on them the procedure for an arbitration? What are those matters? (1 mark) 23. If the UNCITRAL Rules have been agreed upon by the parties to govern the conduct of the arbitration, but the parties have not agreed on the number of arbitrators to be appointed to hear the case, how many arbitrators would be appointed? (1 mark) 24. How would an arbitration ordinarily be commenced? (1 mark) 25. What recourse, if any, would a claimant have if a respondent fails to serve a statement of defence in accordance with a direction or order from the arbitral tribunal? (1 mark) 26. What is a “documents only” arbitration? (1 mark) 27. If one party fails to attend the hearing, what can the other party or the tribunals do? (1 mark) 28. Does emergency arbitration tribunal need to consider its jurisdiction? (1 mark) 29. Is there a difference between the selection of the law applicable to a contract and the law applicable to an arbitration agreement? (1 mark) 30. What is the difference between a“decision”of the arbitral tribunal and an award? (1 mark) 31. What is meant by a “final award”? (1 mark) 32. How might a settlement reached in a conciliation proceeding become an award on agreed terms in arbitration? (1 mark) 33. Can a settlement award be enforced under the New York Convention? (1 mark) 34. If the arbitral tribunal is composed of more than one arbitrator, how many have to vote for the award? (1 mark) 35. What are the requirements for the form and content of an award? (1 mark) 36. Must the award be written under all circumstances? (1 mark) 37. If there is more than one arbitrator, how many of them must sign the award? (1 mark) 38. What are the functions of requiring the date and the place of arbitration on the award? (1 mark) 39. Can an award be issued without reasons? (1 mark) 40. If the arbitral tribunal rules that it has jurisdiction, when can the respondent appeal the decision to the national court? (1 mark) 41. The courts of which jurisdictions are well situated to collaborate or interfere (positively) with an arbitration? (1 mark) 42. What are the differences between refusing recognition and enforcement of an award and setting it aside? (1 mark) 43. Which is the proper court which has jurisdiction to set aside an award? (1 mark) 44. Which law regulates the grounds upon which an award may be set aside? (1 mark) 45. Is it absolutely impossible to enforce an award set aside at the seat of arbitration? (1 mark) 46. What formal requirements must a party satisfy when applying for the recognition and enforcement of an award? (1 mark) 47. Is a party allowed to rely on any ground other than those expressly mentioned in NY Convention? (1 mark) 48. What is the purpose of the ICSID Convention? (1 mark) 49. Does participation of a State in the Convention entail consent to jurisdiction in ICSID proceedings? (1 mark) 50. In what way may the parties give consent to jurisdiction in investment arbitration? (1 mark)