International Dispute Resolution

Course #376

Professor Coombe

 

Final Examination

1. This is an open book exam and you are welcome to use any materials you want.

 2. You will have 3 hours to complete the exam.

 3. There are six sections.

4. You will be required to answer fifteen (15) questions, which must include at least one question from each Section.

5. Each question carries equal marks.

 6. Answer each question in your blue book.

7. Remember to use exam numbers only (no names) to identify blue books, answer sheets and exam questions.

8. Turn in all questions, blue books and scratch paper at the end of the exam.

 

 

Section No. 1

Question 1. What international standards or requirements pertaining to the arbitration clause must be recognized and fulfilled to assure an arbitration agreement enforceable under the N.Y. Convention?

 Question 2. What basic elements should be included in any arbitration clause for insertion in an underlying transnational commercial agreement?

 Question 3. Draft an arbitration clause you would consider appropriate for insertion in a transnational commercial agreement.

 

Section No. 2

Question 4. What legal systems, or legal rules, may impact upon the international arbitral process?

 Question 5. Explain, briefly, the significance of the doctrine of the autonomy (or separability) of the arbitration clause in an international commercial agreement; and the doctrine of Kompetenz-Kompetenz.

 Question 6. An overall party objective in determining the place or geographic location for the conduct of the arbitration proceeding is to seek the "right legal environment". What are the requirements for such an environment?

 

Section No. 3

Question 7. What is an ad hoc arbitration" What model rules are designed for ad hoc arbitration? What are the advantages and disadvantages of ad hoc arbitration?

 Question 8 What is an institutional arbitration? What are the advantages and disadvantages of an institutional arbitration?

Question 9. Identify five (5) important considerations in choosing an arbitral institution.

 

Section No. 4

Question 10. Identify five (5) important considerations in the appointment of the arbitral tribunal.

Question 11. "Party autonomy" has been identified as the guiding principle in determining procedure for an international commercial arbitration. In this exercise of autonomy, what powers may the parties confer on the tribunal? Are there any restrictions on party autonomy? If so, what are the sources of those restrictions?

Question 12. Discuss the importance of preliminary hearings (meetings) and cite ten (10)
 matters usually addressed and determined at such meetings.

 

Section No. 5

Question 13. Name seven (7) of the fundamental requirements of justice an arbitrator
 must bear in mind when conducting an arbitral hearing.

Question 14. During the course of the hearing it becomes apparent to you as arbitrator that, as a result of your technical expertise you do not agree with the opinion of either of the parties' appointed experts. To what extent (if any) could you, as the arbitrator, use your own expertise?

Question 15. Name three (3) of the basic rules which apply with respect to the burden of proof. What standard of proof is required in an arbitration and how does this standard compare with that which is required in a criminal trial?

 

Section No. 6

Question 16. Outline the hearing procedures you, as an arbitrator, would suggest to assure each party equal treatment and a full opportunity to present its case, and to assure an efficient and timely disposition.

Question 17. Explain the distinction between a final award and an interim (or preliminary) award.

Question 18. What remedies does the arbitral tribunal have the power to include in a final award, subject to applicable law?