A GUIDE TO REINSURANCE LAW CHAPTER 10 ARBITRATION

1st Edition, 2007

Chapter 10

ARBITRATION
TEST YOUR UNDERSTANDING
1. Which of the following arbitral institutions tends to be used in reinsurance arbitrations?
(a) ICC;
(b) AAA;
(c) LCIA.
2. Which of the following are not considered to be an advantage when using arbitration?
(a) Speed;
(b) Enforcement;
(c) Finality;
(d) Limited availability of summary judgment.
3. Which of the following statements is incorrect?
(a) The Arbitration Act 1996 applies to written arbitration agreements;
(b) The Arbitration Act 1996 applies to oral agreements to arbitrate;
(c) An arbitration agreement must be in writing or evidenced in writing;
(d) An arbitration agreement must be clear and certain for it to be valid.
4. An arbitration clause containing the wording all claims, disputes and controversies arising out of or in connection with the
contract will not necessarily include disputes relating to which type of claim?
(a) Quasi-contractual claims;
(b) Tortious claims;
(c) Statutory claims;
(d) The legality of the underlying contract.
5. Which of the following areas is not regulated by the Arbitration Act 1996?
(a) Confidentiality in arbitrations;
(b) The number of arbitrators that can be appointed to a tribunal;
(c) The circumstances in which an arbitrator can be removed from the panel of arbitrators;
(d) The power of the arbitral tribunal to award interest on an arbitral award.
6. Which of the following statements is correct?
(a) Arbitration proceedings between the original assured, the insurer and the reinsurer can be consolidated without the
consent of all the parties;
(b) Brokers or other intermediaries can be joined to arbitration proceedings between the original assured and the insurer;
(c) Arbitration proceedings between insurers and reinsurers which relate to different facts but the same legal issues can be
consolidated;
(d) Arbitration proceedings between the original assured, insurer and reinsurer can be consolidated with the consent of all the
parties.

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7. Which of the following are arbitrators empowered to order?

(a) Compound interest;
(b) Interim payments;
(c) Third party disclosure;
(d) Summary judgment.
8. Which of the following statements is incorrect in relation to arbitration proceedings subject to the Arbitration Act 1996?
(a) A party can appeal the decision of an arbitral tribunal to challenge its substantive jurisdiction;
(b) A party can appeal the decision of an arbitral tribunal if there is a serious irregularity affecting the tribunal;
(c) A party can appeal the decision of an arbitral tribunal on a finding of fact;
(d) A party can appeal the decision of an arbitral tribunal on a point of law.

Robert Merkin

A GUIDE TO REINSURANCE LAW CHAPTER 10 ARBITRATION

9. Arbitration awards can be enforced under which of the following Convention procedures?

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(a) The Brussels Convention;

(b) The Lugano Convention;
(c) The Hague Convention;
(d) The New York Convention.

Robert Merkin

1st Edition, 2007