Tuesday, June 16, 2015

Series D02 Law 1/6 - Question 5; Arbitration

Q.
Can you predict what question is going to come out on Arbitration this year 2015?
(Series D02 Law 1/6 - Question 5; Arbitration)

A.
Based on the past 4 years:

2011 Q5  - arbitrator challenged & cost incurred in arbitration
2012 Q5 - recourse against award & procedure of property auction
2103 Q5 - power of arbitral tribunal
2014 Q2 - substitute arbitrator & expert appointment

From the topics above, I would predict some repeat of 2011, 2012 & 2013 but not 2014. Hence, the predictions are below:

1. In what circumstances can party(ies) to an arbitration refuse to proceed with the arbitration proceedings? On what ground(s) can the appeal be heard by the High Court?

2. What do you understand by arbitration award being final and binding in court of law? How does it differ from mediation?

3. What would happen if a claimant undergoing arbitration dies during an arbitral proceeding? Does that constitute termination of the arbitral proceeding? If not, when is the arbitral proceeding considered terminated? On the other hand, when is it considered commenced in the first place?

4. What can you do if you are not happy with an arbitration proceeding although you have agreed to an arbitration earlier. One of the arbitrators is your ex-girlfriend and likely still bear grudges against you. List down the procedure to challenge and reject the arbitration/arbitral tribunal.

5. What is an arbitration agreement? How many arbitrator(s) is/are supposed to be appointed?

Ref:
Earlier posts in past year question bank.

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