International Arbitration

Chapter 4-Questions Chapter 4-Questions 8. The validity of an international arbitration agreement is substantively affected when:

a) The arbitration agreement is incapable of being performed.

b) When parties cannot agree on the jurisdiction of laws to be used in their case.

c) There is a waiver of the right to arbitrate (Born, 2015).

d) If the issue at hand relates to personal status of a party or protection of other party.

e) The nature of the dispute is impossible to solve through arbitration.

f) When arbitrating tribunal views that such arbitration is invalid.

9. Reasons why international arbitration agreements should be in writing include:

a) The need to demonstrate that the other party knew about the arbitration agreement.

b) To enhance enforceability of arbitration.

c) To confer power to the arbitration tribunal.

10. What is the legal rationale behind the doctrine of non-arbitrability?

Ideally, some disputes are not possible to solve through arbitration or if settlement of the subject matter is not possible through arbitration under the law of the country, whose jurisdiction is to be applied.

11. What does the phrase arbitration without privity mean in the ambit (sphere) of arbitration agreements related to investor-state disputes?

Arbitrary without privy refers to the degree of which host countries may present counter-claims in arbitration sessions with foreign investors. Usually, this happens when the parties’ arbitration agreement is based on a unilateral offer by these states in investment laws.

Reference

Born, G. (2015).nbsp.International arbitration: Cases and materials (Aspen Casebook)nbsp.(2nd Ed.). Wolters Kluwer Law amp. Business.

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