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    MOOC Arbitration Leiden Week 3 Answers

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    Nahuel Esteban Castro
    Arbitration tribunals are distinguished from standing tribunals in that their members are appointed by the parties to the disputes, the law they apply is chosen by the parties, and their decisions are binding on the parties. The Permanent Court of Arbitration was created in 1899 and administers arbitration. Investor-state arbitration was created to avoid disputes being settled through domestic courts or diplomatic protection and requires the consent of both the investor and state for a tribunal to have jurisdiction. Its use has increased since the end of the Cold War.

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    MOOC Arbitration Leiden Week 3 Answers

    Uploaded by

    Nahuel Esteban Castro
    376 views2 pages
    Arbitration tribunals are distinguished from standing tribunals in that their members are appointed by the parties to the disputes, the law they apply is chosen by the parties, and their decisions are binding on the parties. The Permanent Court of Arbitration was created in 1899 and administers arbitration. Investor-state arbitration was created to avoid disputes being settled through domestic courts or diplomatic protection and requires the consent of both the investor and state for a tribunal to have jurisdiction. Its use has increased since the end of the Cold War.

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    MOOC Arbitration Leiden week 3 answers

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    MOOC Arbitration Leiden week 3 answers

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    Arbitration tribunals are distinguished from standing tribunals in that their members are appointed by the parties to the disputes, the law they apply is chosen by the parties, and their decisions are binding on the parties. The Permanent Court of Arbitration was created in 1899 and administers arbitration. Investor-state arbitration was created to avoid disputes being settled through domestic courts or diplomatic protection and requires the consent of both the investor and state for a tribunal to have jurisdiction. Its use has increased since the end of the Cold War.

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    376 views2 pages

    MOOC Arbitration Leiden Week 3 Answers

    Uploaded by

    Nahuel Esteban Castro
    Arbitration tribunals are distinguished from standing tribunals in that their members are appointed by the parties to the disputes, the law they apply is chosen by the parties, and their decisions are binding on the parties. The Permanent Court of Arbitration was created in 1899 and administers arbitration. Investor-state arbitration was created to avoid disputes being settled through domestic courts or diplomatic protection and requires the consent of both the investor and state for a tribunal to have jurisdiction. Its use has increased since the end of the Cold War.

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    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    of 2

    1 What distinguishes arbitration tribunals from standing tribunals?

    Arbitration tribunals are political bodies


    X The law applicable by arbitration tribunals to the settlement of the disputes
    is chosen by the parties
    X The decisions of arbitration tribunals are binding upon the parties to the
    disputes
    The members of arbitration tribunals are appointed by the parties to the
    disputes

    2 When was the Permanent Court of Arbitration (PCA) created?


    1648
    OK 1899
    1945
    1989

    3 Which statement about the Permanent Court of Arbitration (PCA) is inaccurate?


    The PCA administers negotiations
    The PCA administers conciliation
    NO The PCA administers fact-finding
    The PCA administers arbitration

    4 What is meant when it is said that inter-state arbitration is consent-based?


    The individuals asked by states to act as arbitrators have to accept this
    function
    States have to accept that their disputes will be settled by an arbitration
    tribunal
    NO States have to accept the decisions of arbitration tribunals for these decisions
    to be binding upon them

    5 What has been the evolution of the use of arbitration to settle inter-state
    disputes since the end of the Cold War?
    OK Its use has increased
    Its use has declined progressively
    It has not been used since then
    Its use has remained the same

    6 Where was the Arctic Sunrise case settled?


    OK At the Permanent Court of Arbitration
    At the General Assembly of the United Nations
    At the International Criminal Court
    At the International Court of Justice

    7 Why was investor-state arbitration created?


    To avoid the settlement of investor-state disputes by domestic tribunals
    X To avoid the settlement of investor-state disputes through diplomatic protection
    X To politicize the settlement of investor-state disputes

    8 With respect to investor-state arbitration, which of the following statements is


    accurate?
    The parties to the dispute do not need to express their consent for an
    arbitration tribunal to be entitled to settle the dispute
    Only the consent of the state party to the dispute is needed for an arbitration
    tribunal to be entitled to settle the dispute
    Only the consent of the investor party to the dispute is needed for an
    arbitration tribunal to be entitled to settle the dispute
    OK The consent of both the state and the investor parties to the dispute is needed
    for an arbitration tribunal to be entitled to settle the dispute

    9 Which of the following proposals is not formulated to reform the settlement of


    investor-state disputes?
    Make investor-state arbitration more confidential
    OK Grant a greater role to domestic tribunals
    Forbid the public to attend hearings
    OK Publish the decisions and awards of arbitration tribunals more systematically

    10 Frage 10
    In the Philipp Morris v Uruguay case, which public interest did the World Health
    Organization aim to protect when asking the arbitration tribunal the authorization
    to file an Amicus Curiae brief?
    Plant life
    OK Public health
    Labour rights
    The environment

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