Legal Environment where arbitration operates

Question 1

Pre-Ny Convention

Answer 1

Centres created institutions for arbitration.
They provided a framework for how arbitration is to be carried out
Allowed for order and approval

Question 2

Time line for early advancements

Answer 2

1919- london court of arbitration

1923- creation of ICC
Merchants of peace- believed that international business and trade would achieve peace and prosperity for all

Question 3

Globalisation

Answer 3

Europeans first to introduce arbitration and create rule and laws surrounding it
AAA- Americant Arbitration association- international centre for dispute resolution

Question 4

Time line for later advancements

Answer 4

1976- UNCITRAL arbitration rules- rules that govern arbitration
1985- model law that countries can implement into their statute
Canada first nation to implement the model law

Question 5

UNCITRAL

Answer 5

NATIONAL TREATURY FOR KNOWLEGE AND INFO on arbitration
Helps smaller countries be able to implement and know the rules
Working groups that meet and update the rules and relevant law

Question 6

Model law

Answer 6

Founded by international conventions and its international characyer
Allows for plethora of jurisprudence as if u are a signatory u have case law fom any other country that has interpreted the issue

Question 7

How countries adopt the model law

Answer 7

Each country differs
Gold standard- australia- direct incorporation of model law w same numbers and titles and clearly states when they will exclude a provision.

Question 8

Impact of the model law

Answer 8

Not only does it provide a framework but fills in the gaps for relevant procedural rules when parties havent chosen any

Question 9

Art 5 of model law

Answer 9

Court can only intervene when the law allows it to do so

Question 10

Art 7 of model law

Answer 10

Agreement to arbitrate must be in writing
evidentiary requirements

Question 11

Art 8 of model law

Answer 11

Parties can choose to litigate instead of arbitrate upon mutual consent

Question 12

Art 11 of model law

Answer 12

If parties cant choose arbitrtors and no appointing authority, courts can become the apointing authority

Question 13

Art 13 of model law

Answer 13

If theres conflict of interest
must go to tribuna , bre reoslved in 15 days
if not, court after 30 days

Question 14

Art 14 of of model law

Answer 14

If arbitrator dies/quits up to court to decide whether arb will be terminated

Question 15

Art 17J of model law

Answer 15

court can decide on interim measures

Question 16

Art 27 of model law

Answer 16

Court can allow assistance for subpeonas of documents from 3rd parties

Question 17

Art 34 of model law

Answer 17

Challenes surrounding the award- can set aside award
Furst port of call is the courts

Question 18

Art 36 of model law

Answer 18

dela sw challenges to enforcement of the award

Question 19

Relationship between legal instruments/insitutional rules

Answer 19

Once name insiuttion, their rules bcome binding

Question 20

Parties agreement

Answer 20

Award can be set aside/ denied enforcement if it doesnt come within the procedure that the parties agreed to

Question 21

Hierachy of rules

Answer 21

Ny convention
national laws/ model law
Insitutional rules/ Uncitral rules
parties agreement
soft law