超星 - Part 5 - 查题吧

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Q3: Which of the following could be the law applicable to the arbitration agreement?( )

An express choice of law
B. The law of the seat of the arbitration
C. The choice of a substantive or applicable law
D. The law of the forum where the application to ascertain the law is made

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Q4: Which of the following are ways of determination regarding the issue of arbitrability?( )

A. Be determined by the arbitral tribunal as a preliminary point
B. A party may apply to the courts of the seat of the arbitration for an injunction or declaration to the effect that the subject matter of the dispute is not capable of settlement by arbitration
C. A party may commence legal proceedings on the merits of the dispute
D. The arbitrator should be impartial and independent

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Seminar 4Q1: Which of the following are the meaning of ‘Competence-competence’?( )

Arbitration is a creature of contract and the jurisdiction of the arbitral tribunal arises out of the arbitration agreement.
B. The arbitral tribunal shall decide on its own jurisdiction
C. The parties could challenge the arbitral award
D. An award made by the arbitral tribunal as to jurisdiction may be reviewed by the courts

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Q2: Which of the following are the meaning of Party Autonomy in the procedure of international commercial arbitration?( )

A. Permits the parties to choose the laws and make the rules which govern the arbitral proceedings
B. The parties could choose the seat of the arbitration
C. The parties could choose laws and rules
D. The parties cannot agree to prevent any party from presenting its case or in any other way restricting a fair hearing

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Q3: Which of the following are the issues could be discussed in the preliminary meetings?( )

Adoption of a set of rules
B. The seat of the arbitration
C. Language of the proceedings
D. The location for hearings

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Q4: Which of the following are the meaning of the principle of equal treatment?( )

Applies all along the arbitration
B. Requires similar treatment of similar situations
C. Does not preclude differences provided they are justified by the circumstances
D. The parties should pay the cost equally

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Seminar 5Q1: Which of the following regarding the Recognition and Enforcement in international commercial arbitration are correct?( )

A. Recognition and Enforcement are two different concepts
B. Recognition indicates that the award is accepted by the courts of a country as having been validly made
C. Enforcement is a positive action to recover or claim whatever the award has ordered
D. Recognition on its own is generally a defensive process, acting as a shield

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Q2: Which of the following are the issues should be considered by the successful party?( )

A. Whether there any reciprocal treaties or conventions between the seat or place of the arbitration and the place where enforcement is sought
B. If there are no reciprocal treaties or conventions the views of the courts where enforcement is sought to the enforcement of foreign awards
C. If the unsuccessful party is a State or State entity the laws of that country in relation to State immunity
D. Whether all the other party’s counselor obey the ethical rules during the arbitration

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Q3: According to the New York Convention, which of the following are the grounds for non-enforcement could be raised by the parties?( )

A. Incapacity and invalidity
B. Violation of due process
C. Scope of jurisdiction
D. Irregularity in the composition or procedure

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Q4: Which of the following are the documents should be supplied by the party when applying for recognition and enforcement?( )

A. The duly authenticated original award or a duly certified copy
B. The original arbitration agreement
C. A translation of arbitral award into foreign language, if necessary
D. The statement of expert witness

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