Arbritation Flashcards
What language are arbitration hearings held in?
can be any language
does an arbitrator need to be qualified?
not unless specified in the arbitration agreement
Who can be an arbitrator?
anyone
How is a dispute submitted for arbitration?
has to be in writing
Submission or arbitration in writing should be contained in?
- a document signed by both parties
- exchange of documents clearly referring to such agreement
- exchange of legal documents clearly referring to such agreement
any written contract between parties referring to arbitration agreement
How many arbitrators are required?
if both agree sole arbitrator is enough, if not it is 3
What happens if parties don’t agree on sole arbitrator?
each party will choose one arbitrator, then the 2 arbitrators choose the 3rd
What is the three tier structure in International Institute for the Unification of Private Law?
1) Secretariat (day to day running)
2) Governing council (supervises secretariat and policies)
3) General assembly (approves budget and work programme, elects governing council, ultimate decision making body)
Who appoints the secretary general?
Governing council
How many members does the Governing council consist of?
25
How often does the General assembly approve budgets
every year
How often does the General assembly approve the work programme?
every 3 years
How often does the General assembly elect the governing council?
every 5 years
Who does the General assembly comprise of?
1 member of each state (63)
