MODEL LAW

Question 1

Model Law is made by

Answer 1

United Nations Commission on
International Trade Law

Question 2

An arbitration is international if:

Answer 2

(a) the parties to an arbitration agreement have, their places of business in different States
(b) one of the following places is situated outside the State in which
the parties have their places of business
(c) the parties have expressly agreed that the subject matter of the
arbitration agreement relates to more than one country

Question 3

“arbitral tribunal” means

Answer 3

a sole arbitrator or a panel of arbitrators;

Question 4

Article 10. Number of arbitrators General Rule and Exception

Answer 4

(1) The parties are free to determine the number of arbitrators.
(2) Failing such determination, the number of arbitrators shall be three.

Question 5

When shall A plea that the arbitral tribunal does not have jurisdiction shall be raised?

Answer 5

not later than the submission of the statement of defense.

Question 6

Uses of Interim Measure

Answer 6

Temporary measure to
(a) Maintain or restore the status quo
(b) Action that would prevent, or refrain from taking action that
is likely to cause harm or prejudice to the arbitral process itself;
(c) Provide means of preserving assets
(d) Preserve evidence that may be relevant and material to the resolution of the dispute.

Question 7

MODEL LAW Article 36. Grounds for refusing recognition or enforcement of AWARD A. at the request of the party and proof that:

Answer 7

1. the said agreement is not
   valid under the law to which the parties have subjected
   it or, failing any indication thereon, under the law of the
   country where the award was made;
2. the party against whom the award is invoked was not given
   proper notice of the appointment of an arbitrator or of the
   arbitral proceedings or was otherwise unable to present his
   case
   3.the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties

Question 8

MODEL LAW Article 36. Grounds for refusing recognition or enforcement of AWARD: B.if the court finds that:

Answer 8

(i) the subject-matter of the dispute is not capable of settlement
by arbitration under the law of this State; or

(ii) the recognition or enforcement of the award would be
contrary to the public policy of this State

Question 9

When Model Law was Created

Answer 9

1985. With amendments
      as adopted in 2006

Question 10

According to Model Law Article 16, When it is ruled that ARBITRAL TRIBUNAL has Jurisdiction, When shall they decide/issue AWARD?

Answer 10

30 DAYS after receipt of Notice to the ruling that the TRIBUNAL HAS JURISDICTION