温州大学
  1. Only submission agreement is recognized in China.( )

  2. A:错 B:对
    答案:错
  3. Neither the Chinese Arbitration Law nor CIETAC Rules contain provisions on interpretation of award.( )

  4. A:对 B:错
    答案:B: 错
  5. The Chinese Arbitration Law addresses the issue of time limit for making awards.( )

  6. A:错 B:对
    答案:错
  7. The submission to arbitration has the same legal meaning as that of the arbitration clause in the contract.( )

  8. A:对 B:错
    答案:对
  9. Arbitration is a private dispute resolution mechanism. ( )

  10. A:错 B:对
    答案:对
  11. An arbitration agreement is the contractual basis for arbitration and the evidence of the will of the parties to submit their dispute to a private tribunal for decision.( )

  12. A:对 B:错
    答案:对
  13. Provisional measure is referred to as interim relief.( )

  14. A:对 B:错
    答案:对
  15. According to the Chinese Arbitration Law an arbitrator with dissenting opinions as to the arbitral award must sign the award.( )

  16. A:对 B:错
    答案:B:错
  17. Generally,an arbitral award must be made in writing and be signed by arbitrators.( )

  18. A:对 B:错
    答案:对
  19. Arbitral tribunals make many decisions during the arbitration process,but not all decisions made by the tribunal are awards.( )

  20. A:错 B:对
  21. Tribunal-appointed expert means a person or organization appointed by the arbitral tribunal in order to report to it on specific issues determined by the arbitral tribunal.( )

  22. A:对 B:错
  23. Autonomy of arbitration agreement is reputed as one of the conceptual and practical cornerstones of international commercial arbitration.( )

  24. A:对 B:错
  25. New York Convention applies only to awards made under the supervision of the permanent institution. ( )

  26. A:对 B:错
  27. China will only apply the New York Convention to awards relating to disputes arising out of contractual or non-contractual commercial legal relationships as characterized in accordance with the Chinese laws.( )

  28. A:错 B:对
  29. Provisions in arbitration rules for interpretation of awards are meant to empower the tribunal to change the substance of their ruling.( )

  30. A:对 B:错
  31. The seat of arbitration is generally selected by ( )

  32. A:by the arbitration institution B:by the parties C:by the arbitrators D:by the arbitral tribunal
  33. Means of Challenging Arbitral Award are the following( )

  34. A:Appeal to court B:None C:Application for setting aside the award D:Party autonomy
  35. According to the Arbitration Rules of ICC Court of International Arbitration, the place of arbitration could be determined only by ( )

  36. A:The arbitration tribunal. B:The parties’agreement. C:ICC Court unless agreed by the parties. D:ICC Court.
  37. The status of international arbitrators is central to defining their ( )

  38. A:liabilities. B:rights C:powers D:obligations and
  39. The main types of awards include( )

  40. A:Consent award B:Final award C:Default award D:Partial award and Interim award
  41. Categories of evidence include( )

  42. A:experts B:witness C:site or subject matter inspections D:documents
  43. International commercial arbitration agreements can be terminated or expired in the following ways( ).

  44. A:the parties’ death or bankruptcy B:the arbitrator’s death C:the expiration of the main contract D:the parties’ mutual consent
  45. In China(the Mainland),if the parties are not satisfied with a foreign-related arbitral award,they may choose to( )

  46. A:plead for non-enforcement of the award when the counter party seeks for enforcement in a people’s court B:apply to the intermediate people's court at the location of the arbitration institution for setting aside the award C:simply refuse to enforce the award D:cancel the award in people’s court
  47. A party to an arbitration may apply to the competent people's court to set aside a foreign-related arbitral award on the following grounds ( )

  48. A:the parties have not concluded an arbitration clause in their contract or have not subsequently reached a written submission agreement B:or,the respondent is not duly notified of the appointment of the arbitrators or the arbitration proceedings,or he fails to present his case due to reasons for which he is not held responsible C:or,the composition of the arbitral tribunal or the arbitration procedure is not in conformity with the arbitration rules D:or,the matters decided by arbitration exceed the scope of the arbitration agreement or the authority of the arbitration institutions
  49. According to article 20 of the Chinese Arbitration Law,if a party challenges the validity of the arbitration agreement,he may request( )

  50. A:or the other party to consult B:the arbitration commission to make a decision C:or the people's court to give a ruling D:none
  51. The appointment of the presiding arbitrator,is generally effected ( )

  52. A:by an agreement of the parties B:by selection of the party-appointed arbitrators C:by the court D:by an appointing authority
  53. Pursuant to article 34 of the Chinese Arbitration Law,an arbitrator must withdraw from the case and a party has the right to request his withdrawal for any of the following reasons:( )

  54. A:the arbitrator is a disputing party or an immediate relative of a party to the case or his agent B:the arbitrator has had private meetings with a party or his agent,or has accepted gifts or an invitation to entertainment from a party or his agent C:the arbitrator has a personal interest in the case D:the arbitrator has some other relationship with a party or his agent that may affect the impartiality of the arbitration
  55. There are two main reasons for the parties to choose international commercial arbitration.What are they?( )

  56. A:Neutrality of the forum and the tribunal B:World-wide enforceability of the award C:Confidentiality D:Party autonomy
  57. Positive effects of arbitration agreement includes( )

  58. A:The arbitral tribunal's exclusive jurisdiction to resolve the dispute B:The parties' obligation to submit the dispute to arbitration C:The national courts have jurisdiction to hear disputes
  59. The difference between ad hoc arbitration and institutional arbitration is ( )

  60. A:There are special people to administrate the case. B:Whether the parties are from difference countries. C:Whether there is any business place. D:The arbitration tribunal. E:Whether particular arbitration rules applied.
  61. According to the Chinese Arbitration Law, the following disputes could be arbitrated by the arbitration commissions set under the Arbitration Law ( )

  62. A:Patent and trade mark licensing agreement. B:disputes between the Chinese and foreign investors. C:the disputes concerning marriage, adoption, guardianship, inheritance and labor disputes. D:the administrative disputes which should be handled by administrative agencies.
  63. The effect of res judicata of arbitral awards is subject to the following restrictions.( )

  64. A:not all arbitral awards have the effect of res judicata B:the effect of res judicata is restricted to the claims and counterclaims C:the effect of res judicata is restricted to the parties of the arbitral proceedings D:the effect of res judicata is subject to judicial review by national courts
  65. According to New York Convention, the nationality of the award could be determined by: ( )

  66. A:the law under which the award was made. B:The location of the disputed subject matters. C:The nationality of the chairman arbitrator. D:the place of the State where the award was made.
  67. Arbirations can be conducted in three different ways:( )

  68. A:None B:written documents only C:A and B mixed. D:oral arguments only
  69. According to New York Convention,agreements in writing refer to ( )

  70. A:an arbitral clause in a contract signed by the parties B:an arbitral clause or an arbitration agreement contained in an exchange of letters C:an arbitral clause or an arbitration agreement contained in an exchange of telegrams D:an arbitration agreement signed by the parties
  71. ( )developed national law usually contains its own rules for the conflict of laws.

  72. A:Every B:None C:Mostly D:Few
  73. According to ICC Rules, the terms of reference should be drawn by ( )

  74. A:the Court. B:Both. C:the parties to the arbitration agreement. D:the arbitral tribunal.
  75. Under New York Convention, the national court may refuse to enforce foreign award based on the following conditions except( )

  76. A:One of the parties to the arbitration agreement has some incapacity. B:The facts found by the arbitral tribunal were wrong. C:The party was not given proper opportunity to present his case. D:The arbitral tribunal awarded matters beyond the scope of the submission to arbitration.
  77. According to the Chinese Arbitration Law, the chairman arbitrator should be decided by( )

  78. A:Both. B:by the parties common choice. C:by the arbitrators appointed by the parties. D:Neither.
  79. According to Article 30 of the Chinese Arbitration Law , an arbitral tribunal is to be composed of ( )

  80. A:Three arbitrators B:Both C:Either D:One arbitrator
  81. Acceding the New York Convention, China made the following reservation: ( )

  82. A:Ad hoc arbitration reservation. B:reciprocity and commercial reservation. C:State immunity reservation D:Tort claim reservation.
  83. Award made by the arbitral tribunal administered by ICC Court of International Arbitration is considered as the award of the country( )

  84. A:Where the chairman arbitrator came from. B:Where the hearing is taken place. C:where the headquarter of the ICC Court is. D:where the place of arbitration is locates.
  85. ADR refers to the following but ( )

  86. A:Litigation B:Mediation C:Good offices D:Conciliation
  87. According to this Section, how many grounds to refuse recognition and enforcement of foreign awards( )

  88. A:six B:five C:seven D:eight
  89. How many parties are to the New York Convention as of November 2022?( )

  90. A:183 B:171 C:194 D:198
  91. ( )is an agreement by which the parties to a dispute that has arisen submit that dispute to arbitration for a solution.

  92. A:the arbitration agreement B:the arbitration clause C:the submission agreement D:the submission clause
  93. If the parties can not reach to an agreement in agreed or specified time,the sole arbitrator will be appointed by ( )

  94. A:Neither B:or a national court C:the arbitration institution D:Both
  95. The arbitrabble matters in international arbitration is governed by the ( )

  96. A:New York Convention. B:Model Law on the International Commercial Arbitration. C:National law. D:Arbitration Rules.
  97. The doctrine of Competence-Competence refers to that ( )

  98. A:The national court may rule on the validity of the arbitration agreement. B:Neither. C:Both. D:The arbitration tribunal may rule on its own jurisdiction.
  99. Under the Chinese Arbitration Law,how many forms of provisional measures.( )

  100. A:four B:one C:two D:three

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