please answer the following questions in 3 hours , I need them urgently .1. What is an arbitration agreement, and which types of such an agreement exist?
2. What are the requirements for the formal and substantive validity of an
arbitration agreement? Which law governs those requirements?
3. Who reviews the tribunal’s jurisdiction? What is the Kompetenz-Kompetenz
principle?
4. What is the separability doctrine and when is it applicable?5. Parties conclude a contract by exchange of emails. The last email sent by a buyer contains the signed contract in which a reference is made to the buyer’s terms and conditions. These terms and conditions contain an ICC model clause. Is this arbitration agreement formally valid?
6. Outokumpu Stainless USA, LLC, et al. v. GE Energy Power Conversion France SAS, Corp: What were the facts of the case? What did the court decide? Do you agree with the court?
7. What are pathological clauses?
8. Are the following arbitration agreements valid and enforceable – if yes, how? If not,
why?o “All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.”
o “In the case of dispute, the parties undertake to submit to arbitration but in the case of litigation the Tribunal de la Seine shall have exclusive jurisdiction.”
o “Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce.”
o “Any dispute between the Parties arising out of or relating to this Agreement which cannot be settled amicably shall be referred to and determined by arbitration in the Hague under the International Arbitration Rules.”
o “Alldisputesanddisagreements,whichmayariseunderthisAgreementin connection this Agreement, will be solved by negotiation between parties. In case, the parties do not come to an agreement, the matter will pass to the Arbitration Court in Geneva (Switzerland).”9. Which conclusions can you draw based on this discussion when drafting an arbitration clause?
10. Which disputes are considered arbitrable?
11. How is the mandate of an arbitral tribunal determined and what are possible
consequences if an arbitral tribunal steps beyond the mandate?
12. What are unilateral arbitration clauses and what are the main pitfalls regarding
their enforcement?
13. What are multi-tier arbitration clauses and what are the main pitfalls regarding
their enforcement?
