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International Commercial Law - Advanced Topics in International Commercial Arbitration
Can you answer these practice questions about international commercial law? Good luck!
Based on a course by Andreas von Goldbeck.
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Last updated: October 12, 2024
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| First submitted | October 12, 2024 |
| Times taken | 7 |
| Average score | 90.0% | Report this quiz | Report |
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1. A company based in Sweden initiates arbitration against its partner in Brazil under
UNCITRAL rules. When does the arbitration officially start?
The moment arbitration officially begins depends on the chosen rules, and under UNCITRAL, it starts with the filing of the notice of arbitration.
After the tribunal is constituted.
When the claimant files a notice of arbitration.
After the respondent submits a defense.
Once the final award is issued.
2. In an arbitration case under ICC rules, both parties agree to consolidation. What key factor
makes consolidation possible?
Consolidation of disputes in arbitration typically requires the consent of all parties involved.
It’s mandated by arbitration institutions.
It requires all parties’ consent.
It can happen without the respondent’s agreement.
The tribunal decides unilaterally.
3. During arbitration, a respondent refuses to submit evidence. What is the correct approach of
the tribunal?
Arbitrators do not automatically rule in favor of the claimant if the respondent fails to participate; they must still evaluate the evidence to ensure fairness.
Automatically rule in favor of the claimant.
Continue proceedings, considering the evidence presented by the claimant.
Postpone the hearing indefinitely.
Appoint a substitute respondent.
4. A U.S. company wins an arbitration award in Geneva against a French company. What is the
most crucial factor for the award’s enforceability under the New York Convention?
To be enforceable under the New York Convention, the award must adhere to the procedural rules of the arbitral seat.
Whether the award was rendered in English.
The award must meet procedural standards at the arbitral seat.
The losing party must agree to enforcement.
Whether the award can be converted into a consent order.
5. The arbitration tribunal in a dispute between an oil company and a government issues a “partial
award.” What does this typically mean?
Partial awards often resolve specific claims but leave other matters, such as damages, unresolved.
The tribunal ruled only on the issue of liability, not damages.
The tribunal declined jurisdiction.
The award is final but non-binding
The award has no legal value
6. A German company challenges an arbitral award in Germany due to a procedural defect. What
is the most likely jurisdiction for handling this challenge?
Challenges to arbitral awards must typically be brought in the court of the arbitral seat.
The court where the arbitration was conducted (arbitral seat).
The enforcement court in the U.S.
A tribunal selected by the German company.
The International Court of Justice.
7. A claimant in an arbitration case seeks punitive damages. Which factor is most likely to affect
the tribunal’s decision?
Punitive damages are rarely awarded, and local laws at the arbitral seat play a significant role in determining their availability.
The arbitration seat’s laws on punitive damages.
The amount claimed by the respondent.
The type of arbitration rules (ICC, ICDR).
The nationality of the arbitrators.
8. Atribunal issued an award under UNCITRAL rules. The award has been set aside in the country
of the arbitral seat. What is the likelihood of it being enforced elsewhere?
While many countries respect set-aside decisions, some jurisdictions like France may enforce vacated awards if their local laws are favorable.
It cannot be enforced due to the set-aside decision.
Some countries may still enforce it based on their local laws
It will be automatically enforced by other courts.
Only the country where the award was set aside can enforce it.
9. In the Karaha Bodas case, Pertamina argued that enforcement of the arbitral award violated
public policy. How did the U.S. court respond?
The U.S. court held that public policy exceptions must be interpreted narrowly, allowing enforcement.
The court agreed and refused enforcement.
The court narrowly interpreted the public policy exception and enforced the award.
The court sent the case back for arbitration.
The court refused to rule on the issue.
10. A French company challenges the enforcement of an arbitral award in a U.S. court, claiming
the award was annulled in France. What key principle will the U.S. court likely consider?
Under the New York Convention, U.S. courts will consider if the annulment complies with the Convention’s provisions.
Whether the French annulment aligns with the New York Convention.
The validity of the arbitration agreement under U.S. law.
The language in which the award was written.
Whether the French government endorsed the annulment.
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