Chapter 7

Question 1

Why is the opportunity to choose the arbitrator so attractive to parties in arbitration?

Question 2

What are the most important characteristics of a good arbitrator? Why?

Question 3

Under the Model Law, does a court have any role to play in fixing or supervising the fees of an arbitral tribunal?

Question 4

• Draft an email message responding to a solicitor who has written to you asking for details of your experience for consideration by parties in an international dispute involving technical issues in your professional area of expertise. The solicitor tells you that the parties are considering you among other candidates to be a sole arbitrator in their dispute.

Question 5

Examination-style questions
* A company is about to sign a substantial contract with a foreign firm to print its annual catalogue. What matters should be considered when deciding whether the contract should include an arbitration clause?

• What qualities are desirable in an arbitrator dealing with a case concerning:
• loss of profit allegedly caused by delivery to New York of non-conforming goods from Sweden;
• collapse of a dam allegedly caused by negligent design and/or provision of sub-standard concrete materials in construction;
• a holiday taken in Goa which, it is alleged, did not come up to the description given in the tour
  operator’s brochure?

How can parties find arbitrators with these qualities?

• In a contract, X and Y agreed that ‘any dispute shall be settled by arbitration’. A dispute has arisen. Y refuses to
  do anything. Advise X on how he can get an arbitrator appointed.
• Parties have agreed to arbitration under the UNCITRAL Rules in a Model Law jurisdiction that has adopted the Model Law verbatim. They are unable to agree on their sole arbitrator, nor can they agree on the appointing authority. Discuss their situation under the Model Law and the UNCITRAL Rules.
• In a 5-year franchise agreement, D and E agree that if a dispute arises, they will appoint Dr Justin Thyme as their arbitrator. What is the danger of specifying a particular person?
• An arbitrator has agreed her fee with the claimant. The respondent says the fee is far too high. Advise the arbitrator, who fears that if the claimant wins she might not be paid.
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