2.7. International Commercial Arbitration

Try these first

1. 1.

   Define International Commercial Arbitration.

   Hint

   Think about cross-border disputes.

2. 2.

   What is an arbitral award?

   Hint

   It's what the arbitrator hands down at the end.

3. 3.

   What is the purpose of the New York Convention?

   • To prevent arbitration
   • To enforce arbitral awards internationally
   • To establish national arbitration laws

   Hint

   Think about which aspect of arbitration the Convention addresses.

4. 4.

   True or False: An arbitral award is non-binding.

   • True
   • False

   Hint

   Recall the definition of arbitral awards.

5. 5.

   Consider two companies from different countries that have an arbitration agreement. One side wants to contest an award claiming it violates their local public policy. Discuss the process and implications of this scenario.

   Hint

   Focus on the jurisdictions involved and how differing legal interpretations may affect the outcome.

6. 6.

   Analyze how party autonomy can lead to challenges in enforcing an arbitration award if the agreed rules conflict with mandatory national laws.

   Hint

   Think about how local laws can sometimes override agreed terms in arbitration agreements.