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International Commercial Law - Random Test Questions
Can you answer these practice questions about international commercial law? Good luck!
You need to focus on a specific class? Try the rest of the series
Based on a course by Andreas von Goldbeck.
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Last updated: October 15, 2024
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| First submitted | October 12, 2024 |
| Times taken | 37 |
| Average score | 60.0% | Report this quiz | Report |
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1. A dispute arises between a Russian shipping company and a Turkish charterer over a shipping
agreement. The arbitration clause in the contract states that disputes must be resolved in
Stockholm. The Turkish company challenges the tribunal’s jurisdiction, arguing that the
arbitration clause does not apply.
Which principle gives the arbitrators the authority to decide whether they have jurisdiction to
hear the dispute?
The competence-competence principle gives arbitrators the authority to determine their jurisdiction, including the applicability of the arbitration clause.
New York Convention
Competence-competence
Forum non conveniens
Judicial review
2. An investor believes an arbitrator in their ISDS case has a conflict of interest
due to previous work with an opposing party.
What reform could address this concern?
Disclosure of conflicts can help ensure impartiality in arbitration, addressing concerns about bias.
Introducing stricter qualifications for arbitrators.
Allowing public access to all arbitration documents
Increasing the number of arbitrators.
Ensuring arbitrators disclose any potential conflicts of interest.
3. An EU regulation is introduced to standardize food safety rules across all Member
States. This approach exemplifies which regulatory model?
Harmonization involves creating uniform rules across all EU Member States, ensuring consistent standards and reducing compliance burdens.
Host State Regulation
Home State Regulation (Mutual Recognition)
Harmonization
Regulatory Competition
4. OceanCorp, a U.S.-based e-commerce company, handles significant volumes of personal data
from European customers. Following the Schrems II decision, the company can no longer rely
on the Privacy Shield for transferring data between the U.S. and the EU. OceanCorp decides
to use Standard Contractual Clauses (SCCs) instead, but its legal team is unsure whether the
SCCs provide sufficient protection given U.S. government surveillance practices. What must OceanCorp ensure to comply with GDPR when using SCCs to transfer
personal data from the EU to the U.S.?
Following the Schrems II decision, companies must implement additional measures beyond SCCs if there are concerns about foreign surveillance. They must ensure that the data transferred is protected in compliance with EU standards.
The SCCs must be signed by both the data exporter and the importer, and the U.S. must implement equivalent data protection laws as the EU.
The SCCs must include specific guarantees for protecting personal data from government surveillance in line with EU standards, and additional measures may be necessary.
OceanCorp can use SCCs without worrying about U.S. surveillance laws, as they are automatically considered sufficient under EU law.
OceanCorp must shift all data processing operations to the EU to comply with GDPR fully.
5. A company from country N has discovered that the state where they invested in an
infrastructure project gave better terms to a competitor from country O, even though both were
operating under similar conditions. Which ISDS principle could the company invoke?
The Most-Favored-Nation (MFN) principle ensures that foreign investors are not treated less favorably than other investors from different countries. In this case, the company could argue that the state violated the MFN clause by offering better terms to the competitor from country O under similar circumstances.
Fair and equitable treatment
National treatment
Most-favored-nation treatment
Full protection and security
6. A contract states: “If either party experiences a significant change in circumstances
fundamentally altering the economic equilibrium of the Agreement, making performance
excessively burdensome, the party may request renegotiation. If no agreement is reached, either party may terminate the Agreement.”
What type of clause is this?
The clause allows renegotiation when unforeseen changes create an imbalance, focusing on economic hardships.
Termination clause
Force majeure clause
Hardship clause
Indemnity clause
7. On what basis did the Hague District Court impose the CO2 reduction obligation
on Royal Dutch Shell in the Milieudefensie v. Royal Dutch Shell case?
The court determined that Shell's corporate policy was insufficient to address the urgency of climate change, breaching its duty of care to reduce harm.
Shell’s violation of specific environmental legislation in the Netherlands
The court found that Shell’s current corporate policy was not aligned with its duty of care to mitigate climate change impacts.
Royal Dutch Shell's operations directly caused severe damage to the Wadden Sea region.
Shell was found to have misled its shareholders regarding its greenhouse gas emissions.
8. 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
9. 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.
10. 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.
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