Test - Module 3 Quiz

TEST YOUR KNOWLEDGE

MODULE 3

Question 1

In which section of the Arbitration Act 1996 are arbitrators’ general duties set out?

Section 38

Section 41

Section 33

INCORRECT!

Question 2

Which of the following statements is/are incorrect?

An FCC Tribunal must determine an arbitration arising out of an FCC Contract in accordance with English law.

An arbitrator is liable if he acts negligently in an arbitration unless he can prove that he acted in good faith.

An FCC Tribunal may give directions to a party requiring it to preserve evidence within its custody or control.

CORRECT!

INCORRECT!

Question 3

A Respondent to an FCC Arbitration fails to submit its statement of defence within the time limit laid down in the A&A Rules. The Tribunal verifies that the Claimant’s statement of case has been duly received by the Respondent. The Claimant requests the Tribunal to bar the Respondent from defending the claim and to proceed to its award on the basis of the materials submitted to it by the Claimant. Which (if any) of the following courses of action shouldn't the Tribunal take as its next step?

Order the Respondent to submit its statement of defence within [x] days.

Make a peremptory order that the Respondent submit its statement of defence within [x] days, stating that if the Respondent fails to comply, the Tribunal will proceed to its award on the basis of the materials submitted by the Claimant.

Proceed to an award on the basis of the materials submitted by the Claimant.

CORRECT!

INCORRECT!

Question 4

The AA Rules require a Claimant or Appellant, when applying to the FCC for commencement of FCC Arbitration, to pay the FCC’s fees and a deposit as security for the FCC’s and the Arbitrators’ estimated fees and expenses. When must the Claimant’s/ Appellant’s payment reach the FCC’s account?

Within five days of making the application for arbitration.

Within five days of receipt of the FCC’s invoice.

Within five business days of receipt of the FCC’s invoice.

CORRECT!

INCORRECT!

Question 5

If a Claimant or Appellant fails to make a bank transfer of the payment referred to under point 4 above within the requisite period, which of the following is/are not applicable?

The Arbitrators may allow additional time for payment

The Council may allow additional time for payment if it appears to it that such failure has been caused by a state of war, war-like operation, strike, lock-out, riot or civil commotion.

The Arbitrators may dismiss the claim, appeal or counterclaim.

CORRECT!

INCORRECT!

Question 6

FCC Arbitrators are conducting a cocoa bean quality arbitration arising out of a shipment contract which stipulates that quality is to be determined on arrival. They notice that the Final Day of Landing stated on the sample labels is more than 28 days before the date on which arbitration was commenced and believe that the arbitration was commenced out of time. However, the Respondent has not raised this point in its statement of defence. Which of the following courses shouldn't the Arbitrators take?

Ignore the time-bar argument and deal with the case on the basis of the arguments which the parties have submitted.

Advise the parties of the Final Day of Landing as stated on the sample labels, suggesting that the claim may have been brought out of time, and invite the parties to comment and provide any further evidence on which they wish to rely.

Reject the Claimant’s claim on the ground that it is time-barred.

CORRECT!

INCORRECT!

Results

1/6

2/6

3/6

4/6

5/6

6/6

1 correct

2 correct

3 correct

4 correct

5 correct

6 correct

CORRECT!

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Test - Module 3 Quiz

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