MLL332: Law - International Arbitration - AT2 - Law Governing Assessment Answer

Law Assessment Answer

1. The AT2 is drafting the Arbitral Award (this assessment is to be drafted individually based on the claimant and respondent memoranda provided). The AT2 is graded 60% of the total mark for the unit (3,000 words).
2. The proposed structure of the AT 2 can (but does not need to), include, among others, the following issues:

1. Presentation of the facts of the dispute, including whether the parties to the dispute agree on the facts or not;
2. The Procedure is undertaken by the parties and the details of the procedure (appointment of arbitrators, the constitution of the tribunal, sessions of the tribunal, orders of the tribunal, etc.);
3. The Arbitration Agreement (validity, requirements: choice of arbitrators, the seat of the arbitration, the language of the arbitration; additional provisions: IBA Rules on Taking Evidence, Preliminary Relief, Technical Expertise, Motions, Costs, Legal Fees, Confidentiality, etc.);
4. The Applicable Laws and Rules, for example,:
5. The law governing the arbitral proceedings,
6. The rules governing the arbitral proceedings,

1. The law governing the contract,
2. The Arbitrator’s Duty to Apply the Law, for example,
3. Law or Equity,
4. Duty to Render an Enforceable Award,

1. The Tribunal
2. Appointment of Arbitrators
3. Obligations of Arbitrators

1. Replacement of Arbitrators, etc.
2. The Arbitral Proceedings
3. Beginning the Arbitration
4. Preliminary Matters

1. Hearings
2. Presenting Evidence

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