1. What is commercial arbitration, and how does it differ from traditional court litigation?

2. What are the key advantages of choosing arbitration over litigation for resolving commercial
disputes?
3. Can you explain the process of selecting arbitrators in a commercial arbitration case?
4. What role does the arbitration agreement play in commercial arbitration?
5. How enforceable are arbitration awards, and what steps are involved in enforcing them?
6. What are some common types of disputes that are resolved through commercial arbitration?
7. How does confidentiality in commercial arbitration compare to that in court proceedings?
8. What are the potential disadvantages or limitations of commercial arbitration?
9. How do international commercial arbitration rules differ from domestic arbitration rules?
10. Can parties appeal an arbitration award, and if so, under what circumstances?
11. What is the role of arbitration institutions, and how do they support the arbitration process?
12. How does the cost of commercial arbitration typically compare to the cost of litigation?
13. What are the main factors parties should consider when drafting an arbitration clause in a
commercial contract?
14. How does the seat (location) of arbitration affect the arbitration process and outcome?
15. What impact do arbitration rules (such as those from the ICC, AAA, or UNCITRAL) have on the
conduct of commercial arbitration?
16. Can arbitration be used to resolve disputes in all types of commercial contracts?
17. How do parties typically handle the discovery process in commercial arbitration?
18. What are the qualifications and skills that make a good arbitrator in commercial disputes?
19. How can parties ensure that the arbitration process remains efficient and cost-effective?
20. What trends or recent developments are shaping the future of commercial arbitration?
21. What is mediation, and how does it differ from arbitration and litigation?
22. What are the primary benefits of using mediation to resolve disputes?
23. How does the role of a mediator differ from that of a judge or an arbitrator?
24. What types of disputes are most suitable for mediation?
25. How does the mediation process typically begin, and what are the initial steps?
26. Can you explain the principles of confidentiality in mediation?
27. What qualifications and skills are important for an effective mediator?
28. How do parties select a mediator for their dispute?
29. What are the stages of the mediation process, and what happens in each stage?
30. How is the mediation agreement formalized, and what makes it enforceable?
31. What happens if mediation fails to resolve the dispute?
32. How does the cost of mediation compare to arbitration and litigation?
33. What role do lawyers play in the mediation process?
34. How can parties prepare effectively for mediation sessions?
35. What strategies can mediators use to help parties reach a settlement?
36. How do cultural differences impact the mediation process?
37. What are the potential drawbacks or limitations of mediation?
38. How is mediation used in specific fields, such as family law, workplace conflicts, or commercial
disputes?
39. How does online mediation work, and what are its advantages and challenges?
40. What are the latest trends and developments in the field of mediation?
1. Some issues can be submitted to international arbitration that cannot be submitted to domestic
arbitration.
2. Arbitration in State A between two corporations organized under the law of State A is domestic
arbitration
3. Arbitration may take place in a State that has no relationship to the dispute or to the parties.
4. One reason for international commercial arbitration is not to have to litigate in the other party’s
court.
5. Ad hoc arbitration is less expensive than institutional arbitration since there is no need to pay a fee
to the arbitration institution
6. The New York Convention is applicable only to international commercial arbitrations.
7. Suppose you are a judge in Feudalia, a country that has adopted the text of the Model Law as the
arbitration law. Pending resolution before your court is an action seeking the appointment of a sole
arbitrator under a contract containing an arbitration clause. The defendant contends that the clause
is null and void due to formal defects. What law would you apply to determine whether the clause is
valid or invalid?
8. Suppose you are the lawyer of Computer Lab Co. Your client is clinching a deal for supplying software
to Best Ideas, Inc. Both companies are old rivals, to such an extent that you are surprised that a
contract was signed. You are convinced that Best Ideas, Inc. will not fulfill the contract and that it will
resort to any available defense when the time comes. Your client asks you to include an arbitration
clause into the contract. Would you suggest an ad hoc or an institutional arbitration?
9. How do the parties determine the procedural rules in an ad hoc arbitration? Can they agree on the
application of an institutional set of rules if they have not submitted to the administration of the
entity in question? What are the advantages of the UNCITRAL Arbitration Rules?
10. How is the language of the arbitration determined in institutional arbitration in the absence of
agreement by the parties? What happens in ad hoc arbitration?
11. You are a member of the court of Feudalia, a country that has adopted the Model Law. A company
called Pasta Asciutta SpA files before your court a request for setting aside an arbitral award that
compelled the company to pay the opposing party, Il Mulino SpA, for damages derived from the
breach of an agreement for the sale of flour. Pasta Asciutta SpA contends, as a ground for the
invalidity of the award, that there was no written agreement as required by the law. In effect, the
contract does not contain any arbitration clause. You analyze the arbitral proceedings and realize
that on requesting arbitration, Il Mulino SpA said that there had been an oral agreement between
the parties to submit to arbitration all the question relating to that contract. On answering the
request for arbitration, Pasta Asciutta SpA just defended itself and denied having failed to fulfill its
obligations. • Would you set aside the award? • How do you account for your decision?
12. What practical problems do the principles known as “Separability of the arbitration clause” and
“Kompetenz-Kompetenz” seek to solve? What is the conceptual difference between the two
principles?
13. Suppose you are an arbitrator. The place of arbitration is Feudalia, which has adopted the Model Law
as its arbitration law. The defendant contends that the arbitration clause from which your
jurisdiction arises is contained in a contract that is null and void. On the basis of this argument, the
defendant claims that you do not have jurisdiction and asks you to step down. Can you rule on your
jurisdiction? If the answer is ‘Yes’, would your decision be subject to judicial review? In case it is, may
you continue the arbitral proceedings? May you render an award?