Arbitration

Arbitration

Question 1
Describe the main advantages that international commercial arbitration has over litigation
in court in transnational litigation matters.
Question 2
List and explain the main differences between ad-hoc arbitration and institutional
arbitration. Identify cases where you would advise your client to adopt ad-hoc instead of
institutional arbitration.
Question 3
Describe the scope and binding nature of the following rules: (i) New York Convention;
(ii) UNCITRAL Model Law; (iii) UNCITRAL Arbitration Rules; (iv) ICC Rules of
Arbitration.
Question 4
What are the form requirements of an arbitration agreement?
Question 5
What are the negative effects of the kompelenz-Iromperenz doctrine and what is the
approach of American and French courts on this doctrine?
Question 6
What are the different approaches adopted by US courts with reference to the problem of
discovery in arbitration? Your answer should consider only cases covered in our course
on this matter.
Question 7
What is the [ex arbitri’ and what is its scope?
Question 8
Explain briefly the nature and scope of the following procedures and the law applicable
to each one of them: (i) confirmation of an arbitration award, (ii) set aside of an
arbitration award, (iii) enforcement of a foreign arbitration award.
Question 9
In the Pepsico v. Oficinn Central case, the US District Court defers to the Venezuelan
court to decide the arbitrability issue. What would be the effect of a decision by the
Venezuela court that the dispute is not arbitrable? Would this decision be binding over
the US court? Also, if both the Venezuelan and the US court decide that the dESpute is
arbitrable and refer the case to arbitration, can the arbitrators still refuse to exercise
jurisdiction over the dispute?
Question 10
In the Dalia}: case, the UK and French courts reach completely different conclusions by
analyzing the same facts. Which decision do you find more persuasive and why?

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