Section f Test
The Law of Ukraine «On international commercial arbitration"
a) contractual |
d) foreign investments |
g) disputes |
j) be applied |
b) international associations |
e) rules |
h) legal entities |
k) be referred |
c) arbitration |
f) commercial enterprise |
i) foreign trade |
l) participants |
The present Law proceeds from the acknowledgment of usefulness of ____(1)____ as a means which is widely used to settle ____(2)____ which arise in the sphere of international trade, and the need to regulate the international commercial arbitration on a legal basis.
The following disputes shall ____(3)_____ to international commercial arbitration, under the agreement of the parties disputes on ____(4)____ and other civil and legal relations which arise in the process of maintaining ____(5)____ and other international economic contacts when a ____(6)____ of at least one party concerned is located abroad and also disputes of enterprises with ____(7)_____ and _____(8)_____ and organizations created on the territory of Ukraine, with one another, disputes among their ____(9)____ and their disputes with other _____(10)____ of Ukraine.
If the international agreement of Ukraine establishes other _____(11)_____ than those stipulated by the present Law on arbitration, the rules of the international agreement shall _____(12)______.
13. Is mediation less final than adjudication?
YES. There is no guarantee that mediation will result in a settlement.
NO. Mediation can address a wider range of issues and settle the entire conflict, not just the part of the dispute that can be framed as a cause of action.
NO. Disputants who settle in mediation tend to be more satisfied, resulting in less post-settlement disputing.
All of the above are true, so this issue is controversial.
14. Suppose you are a paralegal, and have a number of clients who are considering whether to use mediation or litigation to resolve their dispute. Take each of their statements AT FACE VALUE, and, using the pros and cons of mediation and litigation presented in the text, which of the following expressed desires of a client would be better addressed in LITIGATION rather than MEDIATION?
a) I want to save time and money.
b) Getting creative solutions to the conflict is very important to me.
c) It would be very difficult for me to get to court to enforce any agreement or order, so it is very important that the other disputant willingly abide by the outcome.
d) I feel the other disputant did some very evil things, so I want someone in a position of authority to declare who's right and who's wrong.
15. Of the following situations, the one for which courts are most clearly and strongly recommended is one in which:
There is a need for reform in the existing law.
Resolving the conflict will have little or no impact on the course of legal reform.
It is anticipated that there will be no difficulty in obtaining enforcement of the outcome.
The disputes for which causes of action are stated do not address the underlying conflict.
16. Many scholars recognize advantages of arbitration over litigation. These advantages include:
a) expertise of a specialized tribunal
b) savings in time and expense
c) greater compliance with arbitration awards
d) (a), and (b)
17. Which of the following is not true regarding ADR?
a) ADR techniques adhere to the Federal Rules of Civil Procedure
b) ADR is flexible and can be customized for most problem situations
c) ADR is more informal and less structured than litigation
d) ADR is generally less expensive than litigation
18. Which of the following is not considered to be a form of ADR?
a) negotiation
b) mediation
c) small claims court
d) arbitration
19. What of the following describes the role of the mediator?
a) makes a binding settlement
b) chooses between two alternatives
c) helps the parties reach a decision
d) represents the parties in court
20. Which of the following is true about mediation?
a) It is not binding on the parties.
b) It involves the skillful use of a jury.
c) It is the same as negotiation.
d) It provides a fixed award that splits the difference between what is requested by each party.
21. Alternative dispute resolution is
a) a pretrial motion in support of discovery
b) a broad term for various methods of dispute resolution other than litigation
c) required by statute
d) imposed upon the parties
22. Negotiation is considered to be one of the methods of ADR because
a) disputes are often settled through skillful negotiation
b) sometimes mediation doesn't work
c) arbitration is too expensive
d) the same person serves in both mediation and arbitration
23. Which of these statements is most accurate?
a) Tribunals are superior to courts
b) Tribunals are equal to courts
c) Tribunals are inferior to courts
d) Tribunals are completely different to courts in terms of their functions
24. The phrase "getting to the table" describes what difficulty?
a) avoiding problem-solving negotiations
b) getting all interested parties to agree to meet with each other
c) making emotional barriers go away before final agreement
d) seating arrangements
25. If an agreement contains an arbitration clause, then:
a) The parties can never go to court
b) The parties can only go to court after they have been to arbitration
c) Either of the parties can choose to go to court
d) If both parties agree, they can choose to go to court
26. What is arbitration?
a) Where cases are allocated to a particular track
b) Where parties refer a dispute to a third party rather than go to court
c) Where parties go to court
d) Where parties agree which court to go to
27. The decision of the arbitrator is called a/an:
a) judgment
b) verdict
c) award
d) arbitrage
28. What is the main aim of ADR?
a) To reduce the need for the parties to go to court at all
b) To delay the process before the parties can go to court
c) To speed up the process before the parties can go to court
d) To guarantee a full court hearing
29. Why is arbitration preferable in a business dispute?
a) It is speedier than a court case
b) It is less expensive than a court case
c) It is less damaging to business relationships than a court case
d) All of the above
30. Which of the following areas of law is particularly suitable for mediation?
a) Criminal law
b) Family law
c) Property law
d) Administrative law
31. What is the role of the third party in mediation?
a) To make a decision on the facts of the matter
b) To act as judge
c) To tell each side what to argue
d) To help the parties reach a resolution
32. What is the role of the third party in conciliation?
a) To make a decision on the facts of the matter
b) To suggest appropriate solutions
c) To act as judge
d) To tell each side what to argue
33. What is the primary weakness of both mediation and conciliation?
a) They are extremely expensive
b) They do not involve litigation
c) They do not always lead to an outcome
d) They are not adversarial
34. Which is not a reason to arbitrate a dispute:
a) Faster than litigation
b) Costlier than litigation
c) Crowed court dockets
d) Arbitrators may be experts in the field of the dispute issues
35. An arbitrator's award is valid when:
a) It settles the entire controversy and states which party has to pay
b) It is ratified by a judge
c) Both parties are satisfied
d) All of the above
36. To be an arbitrator a person must:
a) Be licensed in the state where the dispute occurred
b) Be agreed upon by all the disputing parties
c) Meet objective criteria to certify expertise in the area of dispute
d) All of the above
37. All disputes ____________ as far as possible by means of negotiations between the Parties.
a) will settle b) will be settled c) would settled
38. The Party which wishes to refer the dispute to Arbitration __________ the other Party by a registered letter.
a) shall notify b) shall be notified c) notify
39. If the Party which has received the notification of the dispute ____________to Arbitration fails to choose its arbitrator within the said period.
a) submitted b) have been submitted c) being submitted
40. If the arbitrators fail to agree upon the choice of an Umpire within 30 days after they have been nominated, the latter ____________, at the request of either Party by the President of the Chamber of Commerce in Stockholm, Sweden.
a) will appointed b) will be appointed c) had been appointed
41. The award __________ by a majority of votes in accordance with the terms.
a) is to be issued b) is issued c) is to be issue
42. The arbitration award is ________ and binding upon both Parties.
a) finally b) final c) finish
43. Arbitration clauses in some contracts stipulate that all disputes and differences _________________ by arbitration in a third country.
a) should settled b) should be settled c) should be settle
44. Arbitration may sometimes be compelled __________ .
a) with law b) under law c) by law
45. Most arbitration in the United States _________ labor or commercial disputes.
a) has involved b) has been involved c) is involved
46. Labor arbitration is concerned _______ with disputes between employers and employees over interpretation or application of the terms of collective bargaining agreements, and occasionally with new contract terms.
a) large b) larger c) largely
47. It was formerly thought that so-called public law disputes, such as those arising under antitrust, securities, or patent laws,_______________.
a) is not be arbitrated b) could not be arbitrated c) could not arbitrated
48. Arbitration ___________ a meaningful part in settling various disputes among countries with different legal systems.
a) play b) plays c) is playing
49. If three arbitrators are to be appointed, each party __________ one arbitrator.
a) shall appoint b) shall be appoint c) should appoint
50. If a party __________ to the challenge, the decision will be made by the competent body which is chosen by both parties.
a) shall not agree b) should not agreed c) does not agree
Unit
8
CONTRACT LAW
Section A
Warmer: