Module 1 International Arbitration
The examination will contribute 100% of your final mark.
Please start the answer to each question on a new sheet of paper. All sheets should be
page-numbered sequentially.
Please number your answers so that they clearly follow the numbering structure of the
examination paper.
Please write your candidate number on the top of each sheet of paper used.
Do NOT write your name – ANY other identification will also invalidate your paper.
Results are dispatched to candidates by email, usually twelve weeks from the close of
the examination 5-day window date.
Results will not be released over the telephone.
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PART 1 (40 marks) – ALL Questions in Part I MUST be answered (read each question
carefully):
Note: In addition to any other references that a candidate ought to provide when
addressing questions arising out of the fact matrix below, the answers should also (where
possible) refer to the UNCITRAL Model Law on International Commercial Arbitration 2006
(UML), the UNCITRAL Arbitration Rules 2021 (UAR) and relevant ‘soft’ or case law from any
jurisdiction.
QUESTION 1:
In January 2023, US company Rambone Rides Inc. (‘RR’) ordered thirty-five ticket
machines for its amusement park in Thailand. In March 2023, RR paid a non-refundable
deposit of 25% of the purchase price as required by the contract. The contract consisted
of the standard terms and conditions of the seller, the Japanese company, Omo Seikuna
Inc. (’OS’). The contract stipulated a delivery date of 4th September 2023 for all thirty-five
machines and included the following dispute resolution clause:
53 (a)Any dispute arising out of or in connection with this contract shall be referred
to a panel of three arbitrators who shall conduct the arbitration in accordance with
the UNCITRAL Rules 2021. The national courts of Mewerhose shall facilitate the
proceedings.
Note to candidates: Mewerhose is a Contracting State of the New York Convention
on the Recognition and Enforcement of Foreign Arbitral Awards 1958 and it has
adopted, verbatim, the UNICITRAL Model Law on International Commercial
Arbitration 1985 with amendments as adopted in 2006, including Option I of Article
7.
RR has requested a refund of its deposit for the machines as it alleges that only thirty
machines were delivered on the agreed delivery date in September and that six of those
machines are defective. OS subsequently shipped five more machines to RR (which have
not yet arrived) and has promised to send one of its engineers over to check any
machines that are malfunctioning. However, RR emailed OS yesterday to say it would
rather source all of its machines from elsewhere and has commenced arbitration
proceedings to recover its deposit.
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(i) State four ways in which the drafting of the above dispute resolution clause could be
improved.
(4 marks)
(ii) Explain how the law governing (a) the arbitration proceedings and (b) the arbitration
agreement itself should be determined in this scenario.
(4 marks)
(iii) Give five examples of how a national court can facilitate arbitration proceedings.
(10 marks)
(iv) Explain whether the email RR sent to OS yesterday means that arbitration
proceedings have already commenced.
(9 marks)
(v)Explain how the panel of three arbitrators should be appointed and within what time
frames.
(8 marks)
(vi) Explain why a newly constituted tribunal would usually call a preliminary meeting.
(5 marks)
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PART 2 (60 marks) – ELECTIVE QUESTIONS (read each question carefully):
Answer any 3 (three) whole questions from Questions 2 to 6 (each question carries 20
marks in total)

Note: In addition to any other references that a candidate ought to provide when
addressing the questions below, the answers should also (where appropriate) refer to
the UNCITRAL Model Law on International Commercial Arbitration 2006 (UML), the
UNCITRAL Arbitration Rules 2021 (UAR) and relevant ‘soft’ or case law from any jurisdiction.

QUESTION 2: Arbitration Agreements
(a) What is ‘freedom of contract’ and how is it relevant to drafting an arbitration
agreement?
(4 marks)
(b) Explain the differences between (a) an arbitration clause and a (b) submission
agreement.
(6 marks)
(c) Explain why an arbitration clause is sometimes referred to as a ‘midnight clause’.
(2 marks)
(d) Does an arbitration agreement have to be recorded in a signed written document in
order to be valid?
(8 marks)
QUESTION 3: Arbitrators
(a) What provisions are contained within UAR to promote the independence and
impartiality of the arbitral tribunal?
(6 marks)
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(b) A number of stakeholder’s have criticised the England & Wales Law Commission for
not recommending the incorporation of arbitrator independence into this jurisdiction’s
arbitration legislation. This would have been in addition to the existing requirement for
impartiality. Discuss whether arbitrator independence should be included or not.
(4 marks)
(c) What is the nature and purpose of the IBA Guidelines on Conflicts of Interest in
International Arbitration 2014?
( 4 marks)
(d) According to the above IBA Guidelines, should an arbitrator disclose that she
previously attended an interview with the claimant and its counsel prior to her
appointment?
(6 marks)
QUESTION 4: ADR Concepts and Principles
Explain the nature and purpose of the following with reference to relevant resources:
(a) A model law (5 marks)
(b) Caucus (5 marks)
(c) Kompetenz-kompetenz (5 marks)
(d) Separability or severability of an arbitration clause (5 marks)
QUESTION 5: Interim measures
(a) Why are interim measure described as an essential tool in international arbitration ?
(3 marks)
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(b) Identify five commonly requested interim measures.
(5 marks)
(c) What requirements must any requests for interim measures meet according to UML?
(5 marks)
(d) Explain what determines the form and efficacy of the granting of interim measures
by reference to a specific set of arbitral rules.
(7 marks)

QUESTION 6: New York Convention
(a) Explain why the New York Convention was described by British judge, the late Lord
Mustill, as “the single most important pillar on which the edifice of international arbitration
rests”.
(3 marks)
(b) In accordance with the New York Convention, what documentation might a
successful party be required to produce to the court where recognition of an arbitral
award is sought?
(3 marks)
(c) Explain the scope of the reservations set out in Article 1(3) of the NYC and assess their
impact on recognition and enforceability.
(8 marks)

(d) Describe and assess the effect of Article V(2)(b) on the recognition and enforcement
of an arbitral award with reference to specific cases.
(6 marks)