Dispute settlements Flashcards
Does litigation require punctuality
Yes
How does lawyers and judges act differently in common and civil law
In civil law judges lead the discussion while the lawyers take the lead in common law countries
What is procedural law
The law guiding the methods of dispute resolution actions required and how they are performed
The world becomes more litigious
True
Commercial courts are not a distinct type of court
False
A courts jurisdiction is its competence
True
What can you do in a pre-trial
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
What happens if the accused interacts with frozen property
They may be fined and imprisoned
What happens to the claimant if an asset is wrongly frozen
The claimant needs to pay
What is an Anton Pillar order
The right of the claimant to enter the property of the accused and retrieve evidence
Can the Anton Pillar order be used in arbitration
no, only litigation
Is privacy a counter to the anton pillar order
No
Who resolves the conflict in arbitration
A panel of selected arbitrators, not the court
What is adjudication
The decision of the arbiters, it is binding by contract
What decides the role of courts in arbitration
The arbitration clause in the contract
Is litigation in the public realm
Yes
Name the best source for english arbitration law
the eaa English arbitration act
If the adjudication of arbitration is unsatisfactory you may escape to the courts to get a better ruling
No, not unless the ruling was procedural irregularity or an error of law
The law chosen in the contract does always apply to the arbitration clause
No there may be one law to regulate the contract and another to regulate the arbitration
The arbitration clause is void if the contract is
False
You can only challenge the jurisdiction of the arbiters in the beginning of the arbitration procedure
True
Arbitration tribunals have the same powers as courts
Yes
Name the three reasons courts may overrule the decition of an arbitration
Error of Law, Procedural irregularity and lack of jurisdiction (if claimed in the beginning of the procedure)
What convention is an agreement to make arbitration decisions binding in 160 countries worldwide
New york convention
Arbitration is expensive and timeconsuming
Yes
Litigations and and arbitrations are antagonistic procedures
True, alternative resolutions are not though
