Chapter 3

Question 1

What is the role of the New York Convention 1958?

Question 2

Who is bound by the New York Convention 1958?

Question 3

Why was the Model Law created, and what are its underlying principles?

Question 4

Describe the structure of the Model Law.

Question 5

What are the dangers of simply accepting that a jurisdiction calls itself a ‘Model Law country’?

Question 6

What is an arbitration conducted under the UNCITRAL Arbitration Rules usually known as?

Question 7

What is ‘soft law’ and why is it useful?

Question 8

Examination-style questions
An overseas company wishes to hold an arbitration in a Model Law country, without any possibility of interference by the courts of that country. To what extent, if at all, can this wish be fulfilled under the Model Law?

Question 9

Examination-style questions
‘The powers of the arbitral tribunal under the Model Law are only those that the parties allow it to have. But no matter what the parties agree, the tribunal can only do what the Model Law allows it to do.’ Discuss these statements.