Dispute settlements

Question 1

Does litigation require punctuality

Answer 1

Yes

Question 2

How does lawyers and judges act differently in common and civil law

Answer 2

In civil law judges lead the discussion while the lawyers take the lead in common law countries

Question 3

What is procedural law

Answer 3

The law guiding the methods of dispute resolution actions required and how they are performed

Question 4

The world becomes more litigious

Answer 4

True

Question 5

Commercial courts are not a distinct type of court

Answer 5

False

Question 6

A courts jurisdiction is its competence

Answer 6

True

Question 7

What can you do in a pre-trial

Answer 7

Gain injunctions to prevent the other party form taking actions that would interfere with the trial f.ex their assets may be frozen or an Anton pillar order may be issued to take crucial evidence into custody

Question 8

What happens if the accused interacts with frozen property

Answer 8

They may be fined and imprisoned

Question 9

What happens to the claimant if an asset is wrongly frozen

Answer 9

The claimant needs to pay

Question 10

What is an Anton Pillar order

Answer 10

The right of the claimant to enter the property of the accused and retrieve evidence

Question 11

Can the Anton Pillar order be used in arbitration

Answer 11

no, only litigation

Question 12

Is privacy a counter to the anton pillar order

Answer 12

No

Question 13

Who resolves the conflict in arbitration

Answer 13

A panel of selected arbitrators, not the court

Question 14

What is adjudication

Answer 14

The decision of the arbiters, it is binding by contract

Question 15

What decides the role of courts in arbitration

Answer 15

The arbitration clause in the contract

Question 16

Is litigation in the public realm

Answer 16

Yes

Question 17

Name the best source for english arbitration law

Answer 17

the eaa English arbitration act

Question 18

If the adjudication of arbitration is unsatisfactory you may escape to the courts to get a better ruling

Answer 18

No, not unless the ruling was procedural irregularity or an error of law

Question 19

The law chosen in the contract does always apply to the arbitration clause

Answer 19

No there may be one law to regulate the contract and another to regulate the arbitration

Question 20

The arbitration clause is void if the contract is

Answer 20

False

Question 21

You can only challenge the jurisdiction of the arbiters in the beginning of the arbitration procedure

Answer 21

True

Question 22

Arbitration tribunals have the same powers as courts

Answer 22

Yes

Question 23

Name the three reasons courts may overrule the decition of an arbitration

Answer 23

Error of Law, Procedural irregularity and lack of jurisdiction (if claimed in the beginning of the procedure)

Question 24

What convention is an agreement to make arbitration decisions binding in 160 countries worldwide

Answer 24

New york convention

Question 25

Arbitration is expensive and timeconsuming

Answer 25

Yes

Question 26

Litigations and and arbitrations are antagonistic procedures

Answer 26

True, alternative resolutions are not though