9 International Arbitration

Question 20

a) What is the difference between arbitral procedures and litigation procedures? (One paragraph)

b) Provide three examples of such procedural differences. (one paragraph)

Question 21

If the parties’ agreement is silent on the law of the arbitral procedures, which of the following applies: (you should choose one option and answer in two paragraphs)

a) Determined by the arbitrators. Why?

b) Determined by the procedural law of the seat of the Arbitration, Why?

c) Both. Why?

Question 22

What conclusions do you draw after reading Stanton v Paine, Mobil Oil Indonesia v Asamera and Electrim SA v Universal Vivendi with respect to interlocutory judicial review of arbitrators’ procedural decisions? (two paragraphs)

***Please write using your own words when you refer to case law, legal texts or international agreement. So no paraphrasing, restatement or summarizing sections of the book are allowed.