Chapter 6
Q1: List The Benefits Of Arbitration Compared To Regular Court Proceedings.
According to section 6-002 Arbitration allows the parties to select the arbitrator.
according to section 6-002 Arbitration are intended tp be less formal and to have flexible procedures
Section 6-029 also points out time and cost-saving potential of arbitration.
Q2: List Three Differences Between Arbitration And Regular Court Proceedings.
Arbitration can be conducted outside the court, unlike regular proceedings (6-002).
Arbitration awards are generally non-appealable, and a court decision is generally appealable (6-003).
Arbitration processes are more flexible than the courts’ and can be adapted (6-028).
Q3: List All The Sources Of International Arbitration Law
UNCITRAL Model Law (6-008)
New York Convention of 1958 (6-007)
UNCITRAL Rules of Conciliation and Arbitration (6-008)
Q4: What Limited Roles Can Courts Have Against An Arbitration Agreement?
Awarding of Interim Measures for the purpose of maintaining the Controversial Subject Matter of the Dispute (Rule 6-015)
Overseeing the arbitral process where the process fails, such as in the appointment of arbitrators (Rule 6-015)
Make sure that some measure of justice is done, the supervisory function (Rule 6-015)
Q5: What Does It Mean When “Arbitration Agreement” Must Be Clear and unambiguous?
This means that the agreement’s terms must be friendly to both parties involved (Rules 6-017 to 6-019).
Q6: Discuss the Meaning Of Impartiality And Independence Of An Arbitrator?
Impartiality means that the arbitrator should not have any self-interested stake or bias in the dispute that they are being called upon to solve. Independence requires that the arbitrator should not be affiliated with any of the parties involved in the dispute or influenced by the parties such that they may not make an impartial decision on the dispute (Rules 6-022 to 6-024).
Q7: When Parties Agree On An Institutional Arbitration, What Would Be The Next Steps For The Arbitrators To Agree On?
Where the parties opt for institutional arbitration, the arbitrator’s task is to follow the Rules and regulations of the arbitral institution under which the process is to be conducted (Rule 6-032).
Q8: What Can We Do To Control The Cost Of Arbitration?
The first strategy focused on the promotion of settlement throughout all the stages of the process. Secondly, individuals could exploit recent technological advances, such as the usage of e-mail and such systems as telepresence (Rule 6-043).