Exam on International
C O M M E R C I A L A R B I T R A T I O N L A W
I. Choo the right answer (1 point each, 15 points)
1.ADR refers to the following but
牛郎织女读后感A.Conciliation
B. Good offices
C. Mediation
D. Litigation
2.Model Law on the International Commercial Arbitration is drafted by
A.ICC
B. LCIA
C. UNCITRAL
D. CIETAC
3.New Y ork Convention was adopted in the year of
A.1945
天雅地毯B. 1948
C. 1958
D. 1952
4.Acceding the New Y ork Convention, China made the fol l owi ng rervati on:
A.State immunity rervation
C.Tort claim rervation.
D.Ad hoc arbitration rervation.
5.According to ICC Rules, the terms of reference should be drawn by
A.the arbitral tribunal. C. the parties to the arbi trati on agreement.
B.the Court. D. Both A and
C.
6.The Arbitration Rules of ICC Court of International Arbitration apply only to
A.The ad hoc arbitration.
B.The institutional arbitration.
C.The arbitration at the parties’ choice.
D.The ICC Court of the International Arbitration.
7.The doctrine of Competence-Competence refers to that
A.The national court may rule on the validity of the arbi trati on agreement.
B.The arbitration tribunal may rule on its own jurisdiction.
C.Both A and B.
D.Neither A and B.
8.According to the Arbitration Law in China, the party may apply for t aside CIETAC award
in the Intermediate People’s Court
A.Where the respondent has place of business
B.Where CIETAC is located.
C.Where the respondent has property.
D.Where the respondent corporation is incorporated.
9.The arbitrable matters in international arbitration is governed by the
A.New Y ork Convention.
B.Model Law on the International Commercial Arbitration.
C.Arbitration Rules.
D.National law.
10.When one party eks enforcement under New Y ork Convention, the court may refu to
enforce the award not capable of ttlement by arbitrati on by the l aw of the country
A.where the award is made.
B.where the enforcement is sought.
C.Both A and B.
D.Neither A and B.
11.The Chine Arbitration Law began to implement in the year
A.1994 C. 1990
B.1995 D. 1996
12.According to the Chine Arbitration Law, the chairman arbitrator shoul d be deci ded by
A.by the parties common choice.
B.by the arbitrators appointed by the parties.
C.Neither A and B
D.Both A and C.
13.A ward made by the arbitral tribunal administered by ICC Court of International Arbitration is
considered as the award of the country
A.where the place of arbitration is locates.
B.where the headquarter of the ICC Court is.
C.Where the chairman arbitrator came from.
D.Where the hearing is taken place.
14.Under New Y ork Convention, the national court may refu to enforce foreign award bad
on the following conditions except
A.One of the parties to the arbitration agreement has some incapacity.
B.The party was not given proper opportunity to prent his ca.
C.The arbitral tribunal awarded matters beyond the scope of the submission to
arbitration.
D.The facts found by the arbitral tribunal were wrong.
15.Terms of reference are specially required by
A. AAA
B. ICC
C. CIETAC
D. ICSID世界发达国家
II. Multiple choice (1 point each, 15 points)
1. According to the Arbitration Rules of ICC Court of International Arbitration, the place of
arbitration could be determined only by
A.The parties’ agreement. C. The arbitration tribunal.
B.ICC Court. D. ICC Court unless agreed by the parti es.
E. Both B and C
2. The difference between ad hoc arbitration and institutional arbitration is
A.Whether there is any business place.
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B.Whether particular arbitration rules applied.
C.There are special people to administrate the ca.
D.Whether the parties are from difference countries.
E.Whether the parties agreed on ADR.
3. According to international commercial arbitration legislation and practices, the validity of the
arbitration agreement may decide by the national court of a State.
A. where the arbitration is taken place.
B. where the enforcement of the arbitral award is sought.
小散文C. where the arbitration agreement is made.
D. Where the arbitration agreement is performed.
4. According to the Chine Arbitration Law, the following disputes could be arbitrated by the
arbitration commissions t under the Arbitration Law
A. the disputes concerning marriage, adoption, guardianship, inheritance.
B. the administrative disputes which should be handled by admi ni strati ve agenci es.
C. Labor disputes.
D. disputes between the Chine and foreign investors.
E. Patent and trade mark licensing agreement.
5. According to New Y ork Convention, the nationality of the award coul d be determi ned by:
A.the place of the State where the award was made.
B.the law under which the award was made.
C.The nationality of the chairman arbitrator.
D.The location of the disputed subject matters.
E.The place of business of the relevant arbitration institution.
6. According to the Chine Arbitration Law, the court may t aside foreign related award upon the party’s application:
A. The applicant was not given proper opportunity to prent his ca;
B.The composition of the arbitration tribunal was not in conformity with the applied
arbitration rules.
C.The award was made bad on the arbitration agreement.
D.The award was not violating the public policy.
E.The award was applied wrong law.
III. Right or wrong of the following statement (1 point each, 20 points)
1.In international arbitration, the concept of arbitration place is the same as the place of
hearing.
2.New Y ork Convention applies only to awards made under the supervision of the permanent
institution.
3.The term “arbitral awards” include not only awards made by the arbitrators appointed for each
ca but also tho made under the supervision of the permanent arbitral bodies to which the parties have submitted.
4.The submission to arbitration has the same legal meaning as that of the arbitration clau in
the contract.
5.One party’s breach of the arbitration agreement results in damages.
6.ICC is a governmental organization.
7.UNCITRAL is a non-governmental organization.
8.The judge in his position could not be rved as an arbi trator i n Chi na currentl y.红烧回鱼
9.The Chine arbitration commissions are independent each other.
10.The Chine arbitration commission may, at the request of a party, order any interim or
conrvatory measure it deems appropriate.
11.The domestic arbitration commissions in China have no authority to deal with cas involving
foreign elements.
12.The Chine court may t aside awards made in foreign countries in accordance with its
Arbitration Law.
13.The arbitration tribunal may rule on its jurisdiction in accordance with the Chine Arbitration
Law.
14.The parties to an arbitration agreement may choo anyone, in whom it believes, as
arbitrator in China.
15.The arbitration agreement is invalid if the parties failed to reach agreement on the particular
arbitration commission in accordance with the Arbitration Law in China.
16.The parties to a joint venture contract could not submit their disputes to foreign arbitration
institutions but the Chine arbitration commission.
17.Conditions are the same for the Chine court to t aside arbitral awards with or without
foreign elements.
清蒸小黄鱼的做法18.ADR could not be ud in the arbitration and li ti gati on procedure i n Chi na.
19.The arbitration clau could not be enforced if the underlying contract was termi nated.
20.The arbitral award became binding on the parties from the date when both parties got the
award.
孔雀简笔画IV. Plea analyze the Zueblin Ca and answer the questions bellow (50 points)
Basic Facts:
On 22 December 2000, Zueblin International GmbH, Germany (“Zueblin”), entered into an agreement (the “Agreement”) with Wuxi Woco-Tongyong Rubber Engineering Corporation, a wholly-foreign-owned enterpri in Wuxi, Jiangsu Province, China (“Woco”), under which Zueblin agreed to construct a factory for Woco in Wuxi, Jiangsu Province of China. The two-page Agreement incorporated the FIDIC Green Book General Conditions by reference in its appendix. The last line of the cond page of the appendix to the Agreement provides: “Arbitration 15.3 ICC Rules Shanghai shall apply” (the “Arbitration Clau”).
The parties disagreed on the payment of construction work. Woco brought the dispute to the People’s Court of High-New Technology Development Zone of Wuxi, Jiangsu Province of China(the “Wuxi District Court”) on 10 October 2002. Zueblin challenged the jurisdiction of the Wuxi District Court bad on the Arbitration Clau. Woco later changed its contract claims to the tort claims. The Wuxi District Court decided that it had jurisdiction over the ca, which was confirmed by the Wuxi Intermediate People’s Court in Jiangsu Province (the “Wuxi Intermediate Court”) on 20 February 2003.
In the meantime, Zueblin filed its request for arbitration with the ICC Court on 23 April 2003. One week later, on 29 April 2003, Zueblin applied to the Wuxi District Court for the confirmation of the vali
dity of the Arbitration Clau.
The ICC Court decided that the matter would proceed in accordance with the ICC Rules. The ICC Arbitrator rendered a Partial Award on jurisdiction on 10 November 2003, finding that it had jurisdiction over Zueblin’s claims. And the Final Award No. 12688/TE/MW was made in Shanghai on 30 March 2004, in favor of Zueblin (the “ICC Award”).
On 2 September 2004, Wuxi District Court decided the Arbitration Clau invoked by Zueblin was invalid in accordance with the Reply of the Supreme People’s Court (the “Supreme Court) dated 8 July 2004.
