Ask a question from expert

Ask now

INTERNATIONAL ARBITRATION LAW CASE STUDY 2022

The assignment is a memorandum for the respondent in a mock international arbitration case involving a mining company and a construction contract. The memorandum discusses jurisdiction, contract obligations, and consolidation of arbitrations.

5 Pages1079 Words42 Views
   

Added on  2022-09-15

About This Document

same as TMP_070420_399181_1_1245078

INTERNATIONAL ARBITRATION LAW CASE STUDY 2022

The assignment is a memorandum for the respondent in a mock international arbitration case involving a mining company and a construction contract. The memorandum discusses jurisdiction, contract obligations, and consolidation of arbitrations.

   Added on 2022-09-15

BookmarkShareRelated Documents
Running Head: INTERNATIONAL ARBITRATION LAW
1
International Arbitration Law
Student Name
Institutional Affiliation
INTERNATIONAL ARBITRATION LAW CASE STUDY 2022_1
INTERNATIONAL ARBITRATION LAW 2
International Arbitration Law
Scenario 1
Consolidation of disputes is a procedural approach that allows for two or more claims to
be combined in one procedure that concerns the related disputes and parties. In this scenario, all
the parties involved must first express their consent to consolidate arbitrations according to the
case in Stolt-Nielsen S.A V. AnimalFeeds International Corp, U.S. (2010) (Stolt-Nielsen SA v.
AnimalFeeds International, 2010). Besides, when looking into the arbitration contract, it did
not grant the authority for the concerned panel to consolidate the arbitrations. According to Ohio
Law (R.C.2712.52), there must be a proof of undisputed consent to consolidate arbitrations as
well as the petition that the court fills to have separate arbitration claims (CHAMPION
CHRYSLER v. DIMENSION SERVICE, 2010). Hence, the court handles the consolidation
question.
Moreover, Feldman’s and Digger can present their arguments concerning WOC’s
application to consolidate the arbitrations by focusing on the lack of efficiency that the process
may subject them to. For instance, application of associated costs and arbitration fees which
might inconvenience them, non-included in the appetent of the arbitral tribunal, lack of their
consent and potential infringements of their rights in some way. An individual disputant, in this
case, Feldman or Digger, would acquire a more efficient arbitration if handle as a single case
(Haller & Keilmann, 2018). Unlike a consolidation arbitration that would involve indirect
claims in which its determination would take longer and might be more expensive. A bilateral
dispute resolution would be less expensive because it involves one respondent and one claimant.
INTERNATIONAL ARBITRATION LAW CASE STUDY 2022_2

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
International Arbitration Law
|4
|847
|57

Arbitration Clause in the Agreement: Jurisdiction and Disclosure and Bias
|6
|1233
|175