Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

ADR > 06 - Arbitration > Flashcards

06 - Arbitration Flashcards

1
Q

Arbitration

WHAT and HOW

A

Adjudicative Process

Contract Clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Arbitration

General Principals

A

Objective
Parties Free Agreement Resolve
Court NOT Intervene

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

General Principals

Objective

A

Fair AND Impartial

Unnecessary Delay OR Expense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

General Principals

Parties Free Agreement Resolve

A

Contractual Right

Free = MUST Consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

General Principals

Court NOT Intervene

A

Unless = Uphold Contract; Correct Injustice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Arbitration

Requirements

A 
Dispute OR Difference
Dispute MUST Arbitrable
Agreement to Arbitrate
Dispute in Agreement
Capacity
Pre-conditions
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Requirements

Dispute WHAT

A

Legal Cause of Action

Dispute Liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Requirements

Difference WHAT

A

NO Cause of Action

AND = Disagree or Failure to Agree

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Requirements

Dispute Arbitrable NOT

A

NOT Legal Status = Marriage

NOT Public Law = Bankruptcy; Crime; Patent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Requirements
Agreement to Arbitrate
Requirements

A

Writing
Consent
Rules = Statute; Institution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Agreement to Arbitrate

Repudiation WHEN

A

Breach Contract
Litigation Stayed
Result = MAY Damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Agreement to Arbitrate

Third Parties Enforcement

A

Right to Enforce
Express Term
Confers = Benefit AND Intention (to Enforce)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Requirements

Dispute in Agreement WHEN

A

General Clause

Jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Dispute in Agreement

General Clause

A

Dispute ARISE from Contract

Construction Contract = Intention; Commercial Effect

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Dispute in Agreement

Jurisdiction

A

Disputed Matter IS Contract Clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Fili Shipping v Premium Nafta

A

Rescind Contract for Bribery
Arbitration Clause ‘Any Dispute’
MUST Arbitrate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Requirements

Capacity

A

Children < 18 years

Mental Capacity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Requirements

Pre-conditions

A

MUST Comply

Reason = Protect Right to Arbitrate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Pre-conditions

Scott v Avery Clause

A

NO Court Proceedings

Unless Arbitration Award

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Arbitration Procedure

STEPS

A 
Agreement
Dispute
Notice of Arbitration
Tribunal Appointment
Preliminary Hearing
Statement of Case
Exchange
Terms of Reference
Hearing
Decision
Award
Enforcement
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Notice of Arbitration

WHAT

A 
Written
Background
Issues
Remedies
Reasons
Tribunal Appointment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Tribunal Appointment

People

A

Number Panel
Chairman
Umpire

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Tribunal Appointment

Chairman WHY

A

Prevent Deadlock

Split Decision = Chair

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Tribunal Appointment

Umpire WHEN

A

Tribunal Disagrees

Power = Decision; Award

25
Tribunal Appointment | Umpire Method
Notice ALL Parties
26
Preliminary Hearing | Contents
Details = Timetable; Venue Issues = Summary; Jurisdiction Disclosure = SoC; Exchange Basis of Decision = Substantive Law; Arbitrator SKE
27
Timetable | Contents
Disclosure = SoC; Exchange | Date of Hearing
28
Statement of Case | Claimant
``` WHAT = Points of Claim Background Issues Remedies Reasons ```
29
Statement of Case | Defendant
WHAT = Points of Defence Defence Counterclaim
30
Exchange | WHAT
Information Evidence Witness Statements Expert Reports
31
Terms of Reference | WHAT
Summary = Claim; Defence Jurisdiction = Matters Basis of Decision
32
Decision | Basis WHAT
Substantive Law | Arbitrator SKE = IF Parties Reasonably Expect
33
Time Limit | Application WHERE
Agreement Institutional Rule Limitation Act 1980
34
Limitation Act 1980 | WHAT
Period = 6 years | Start Date = Cause of Action
35
Arbitration | Contract TYPES
Substantive Arbitration Institution Arbitrators
36
Arbitration Contract | Terms
``` Agreement Confidentiality Rules = Statute; Institution Tribunal = Number; Institution Powers Jurisdiction = Referred Matters Procedure Decision = Basis Award ```
37
Arbitration Contract | Confidential
Obligation NOT Disclose
38
Arbitration Contract | Privacy WHAT
NO Public Access
39
Impartial WHAT
Neutral NO Conflict of Interest Bias TEST = Informed Observer Would Conclude Real Possibility
40
Arbitrators | Contract Contents
``` Terms Powers Jurisdiction = Referred Matters Procedure Decision Award ```
41
Arbitrators | Contract Terms
``` Timetable Confidential Resignation Removal Fees ```
42
Arbitration Awards | TYPES
Main Awards | Interim Awards
43
Arbitration Awards | Main Awards WHAT
Final Decision = Whole Dispute
44
Arbitration Awards | Interim Awards WHAT
Final Decision = ANY Issue; Part Dispute
45
Arbitration Awards | Interim Awards WHY
MAY Settle Whole Dispute | Cost Savings
46
Judicial Review | TYPES
Determine Point of Law Challenge = Award Jurisdiction; Serious Irregularity Appeal = Point of Law
47
International Arbitration | Convention
New York Convention 1958
48
International Arbitration | Application TYPES
‘Enforce’ Award (as High Court Judgement) | ‘Enter’ Award (as High Court Judgement)
49
‘Enter’ Award | WHAT
Judgement Order | Interest 8%
50
International Arbitration | Application Requirements
Arbitration Agreement Award (OR Copy) Translation IF Foreign
51
International Arbitration | Defence
``` NO Capacity NO Agreement Agreement Void Arbitration < > Agreement = NO Jurisdiction Arbitration Unfair = NO Notice; Case NOT Presented Tribunal = Wrong Number; Impartial Award = NON Binding; Set Aside Contrary to Public Policy ```
52
International Arbitration | Laws
Substantive Contract Arbitration Contract Arbitration Procedure Enforcement
53
Substantive Contract | Authority
``` Contract = Express; Implied Tribunal = Equity Clause (Just OR Good Faith) ```
54
Arbitration Procedure | WHAT
Law Govern Arbitration = The ‘Seat’
55
Arbitration Procedure | Authority to Determine
Contract = Express; Implied Tribunal IF Authorised Court Construction
56
Arbitration Procedure | Court Construction
Parties Intention Regard ALL Circumstances Place of Contract
57
Arbitration Procedure | England AND Wales
Arbitration Act 1996
58
Arbitration Claims Procedure | Forms
``` Challenge OR Appeal N8 Form (Arbitration Claim) Stay Proceedings Form N9 = Acknowledge Proceedings Form N244 = Application to Stay; Witness Statement ```
59
Arbitration Claims Procedure | CPR Procedure
``` CPR Part 62 Procedure = Part 8 Claim Form = N8 Form (Arbitration Claim) Track = Multi-track File Claim = Court Service = 1 month of Issue Acknowledge = 14 days of Service ```

ADR (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions