International Dispute Resolution: A Comprehensive Guide for Law and Public Policy Students

Question 1

Which of the following is a fundamental principle guiding the peaceful resolution of international disputes?

Accepted Answer

Negotiation and diplomacy should be the primary methods for resolving international disputes.

Answer

Resolving disputes through force is sometimes necessary to protect national interests.

Answer

International law has no bearing on the settlement of international disputes.

Answer

All parties involved in a dispute must explicitly consent before a resolution can be reached.

Question 2

Which of the following is a fundamental principle of negotiation in international dispute resolution?

Accepted Answer

Flexibility

Answer

Imposition of a solution by a third party

Answer

Coercion

Question 3

In mediation, the mediator's primary role is to:

Accepted Answer

Facilitate communication and assist parties in reaching a mutually acceptable solution

Answer

Represent the interests of one of the parties

Answer

Impose a binding solution on the parties

Question 4

The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards:

Accepted Answer

Makes arbitral awards enforceable in over 160 countries

Answer

Requires parties to exhaust all other dispute resolution mechanisms before resorting to arbitration

Answer

Prohibits parties from agreeing on the applicable law in arbitration proceedings

Question 5

The International Chamber of Commerce (ICC) International Court of Arbitration is:

Accepted Answer

A leading institution for international commercial arbitration

Answer

An international court with mandatory jurisdiction

Answer

Exclusive to disputes between parties from different countries

Question 6

In international dispute resolution, 'lex mercatoria' refers to:

Accepted Answer

A body of commercial customs and practices that can be applied to disputes

Answer

The principles of international law

Answer

The laws of the country where the dispute arose

Question 7

In international dispute resolution, the mediator's primary role is to:

Accepted Answer

Facilitate communication and negotiation between the parties

Answer

Render a binding decision on the dispute

Answer

Arbitrate the dispute

Answer

Provide legal advice to the parties

Question 8

When selecting a method of international dispute resolution, it is important to consider which of the following factors?

Accepted Answer

Complexity of the dispute, Urgency, Cost

Answer

Only the complexity

Answer

Only the cost

Answer

Only the urgency

Question 9

The principle of 'exhaustion of local remedies' in international law requires that:

Accepted Answer

A party exhaust all domestic legal remedies before seeking international intervention

Answer

A party has no obligation to exhaust local remedies

Answer

A party exhaust all international legal remedies before seeking domestic intervention

Answer

A party exhaust all diplomatic remedies before seeking legal intervention

Question 10

Which of the following is NOT a type of arbitration award?

Accepted Answer

Advisory opinion

Answer

Interim

Answer

Final and binding

Answer

Partial

Question 11

The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards:

Accepted Answer

Requires countries to recognize and enforce arbitration awards made in other countries under certain conditions

Answer

Only applies to arbitration awards made in certain countries

Answer

Only applies to countries that are members of the United Nations

Answer

Prohibits countries from enforcing arbitration awards made in other countries

Question 12

Which of the following is a key feature of the United Nations Convention on International Trade Law (UNCITRAL) arbitration rules?

Accepted Answer

Transparency and party autonomy

Answer

Mandatory use of a single arbitrator

Answer

Fixed fees and time limits

Answer

Prohibition of legal representation

Question 13

The International Centre for Settlement of Investment Disputes (ICSID) is an institution that:

Accepted Answer

Provides facilities for the conciliation and arbitration of investment disputes

Answer

Provides legal assistance to developing countries

Answer

Enforces international arbitration awards

Answer

Develops international arbitration rules

Question 14

A US company and a Chinese company are in a contract dispute. They decide to have a neutral third party issue a binding decision. What method of dispute resolution are they likely using?

Accepted Answer

Arbitration

Answer

Litigation

Answer

Negotiation

Answer

Mediation

Question 15

The New York Convention is an international treaty primarily concerned with:

Accepted Answer

Enforcing international arbitration awards across borders

Answer

Regulating international trade agreements

Answer

Establishing international courts

Question 16

Which of the following is NOT a characteristic of effective international negotiation?

Accepted Answer

Imposing ultimatums and refusing to compromise

Answer

Focusing on common ground and shared interests

Answer

Building trust and rapport

Answer

Active listening and understanding the other party's perspective

Question 17

Compared to arbitration, what is a key advantage of mediation in resolving international disputes?

Accepted Answer

It allows for more flexible and creative solutions tailored to the specific situation.

Answer

It provides a binding decision by a neutral third party.

Question 18

The International Chamber of Commerce (ICC) plays a major role in international dispute resolution by:

Accepted Answer

Administering arbitration proceedings under its own rules.

Answer

Establishing international courts for dispute resolution.

Answer

Providing legal representation in international disputes.

Question 19

When selecting a method for international dispute resolution, which factor is MOST important?

Accepted Answer

The specific nature of the dispute and the goals of the parties involved.

Answer

The cost of each potential method.

Answer

The availability of qualified lawyers in the relevant jurisdiction.

Question 20

A key challenge in resolving disputes involving multiple parties from different legal jurisdictions is:

Accepted Answer

Reconciling potentially conflicting laws and legal principles.

Answer

Communicating effectively across language barriers.

Answer

Finding a neutral mediator or arbitrator.

Question 21

In a dispute between a multinational corporation and a small local business in a developing country, which approach is MOST likely to lead to a long-term, sustainable solution?

Accepted Answer

Using a combination of negotiation, mediation, and potentially community-based dispute resolution methods.

Answer

Immediately resorting to international arbitration.

Question 22

The primary purpose of the 'discovery' phase in international litigation is to:

Accepted Answer

Gather evidence and information relevant to the case.

Answer

Determine the jurisdiction of the court.

Answer

Negotiate a settlement between the parties.

Question 23

Which of the following is NOT a key advantage of arbitration over litigation in international disputes?

Accepted Answer

Publicly available decisions that can create precedent.

Answer

Faster resolution time compared to litigation.

Answer

Confidentiality of proceedings and awards.

Answer

Greater flexibility in choosing the applicable law and procedures.

Question 24

When selecting the governing law for a dispute involving parties from different countries, which factor is MOST important to consider?

Accepted Answer

The law with the closest connection to the dispute.

Answer

The law of the country where the defendant is located.

Answer

The law of the country where the contract was signed.

Answer

The law of the forum where the dispute is filed.

Question 25

What is the primary function of the International Court of Justice (ICJ) in resolving international disputes?

Accepted Answer

To settle legal disputes between states.

Answer

To mediate disputes between private parties.

Answer

To create international law.

Answer

To enforce international treaties.

Question 26

Which international dispute resolution method involves a neutral third party facilitating communication and helping parties reach a mutually agreeable solution?

Accepted Answer

Mediation

Answer

Conciliation

Answer

Litigation

Answer

Arbitration

Question 27

What is the primary difference between 'ad hoc' and 'institutional' arbitration?

Accepted Answer

Ad hoc arbitration is conducted without the involvement of a permanent arbitration institution, while institutional arbitration is administered by a specific organization.

Answer

Ad hoc arbitration is less formal, while institutional arbitration follows strict procedural rules.

Question 28

When selecting a mediator for an international dispute, which is a key consideration?

Accepted Answer

Expertise in the subject matter of the dispute.

Answer

Nationality of the mediator.

Answer

Availability of the mediator.

Answer

Cost of the mediation process.

Question 29

Which international convention establishes a framework for recognizing and enforcing foreign arbitral awards?

Accepted Answer

The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Answer

The Vienna Convention on the Law of Treaties.

Answer

The Geneva Convention on the Protection of Victims of War.

Question 30

What is the primary purpose of a 'discovery' phase in international litigation?

Accepted Answer

To allow parties to exchange information and evidence relevant to the case.

Answer

To determine the jurisdiction of the court.

Answer

To present opening statements.

Question 31

Which of the following is NOT a factor that can affect the enforceability of an international arbitral award?

Accepted Answer

The nationality of the arbitrators.

Answer

The public policy of the country where enforcement is sought.

Answer

The impartiality of the arbitration process.

Answer

The validity of the arbitration agreement.

Question 32

Which of the following dispute resolution methods is generally considered the most formal and adversarial?

Accepted Answer

Litigation

Answer

Mediation

Answer

Arbitration

Answer

Negotiation

Question 33

A multinational corporation is facing a dispute with a foreign government regarding the expropriation of its assets. Which international dispute resolution method would be most appropriate in this scenario, given the involvement of a sovereign state?

Accepted Answer

International Arbitration

Answer

Mediation

Answer

Negotiation

Answer

Litigation in the foreign country's courts

Question 34

The New York Convention plays a crucial role in international arbitration by:

Accepted Answer

Enforcing arbitral awards across signatory states

Answer

Providing a framework for mediation agreements

Answer

Setting standards for the conduct of international arbitration proceedings

Answer

Establishing a global arbitration court

Question 35

A company in the United States and a company in China have a contract with a choice-of-law clause specifying that disputes will be governed by English law. This clause is known as:

Accepted Answer

Governing Law Clause

Answer

Jurisdiction Clause

Answer

Arbitration Clause

Answer

Forum Selection Clause

Question 36

Which of the following is NOT a key advantage of international arbitration over litigation in national courts?

Accepted Answer

Publicly available court records

Answer

Flexibility in choosing the applicable law and procedures

Answer

Confidentiality of proceedings

Answer

Neutrality and impartiality

Question 37

The International Court of Justice (ICJ) primarily handles disputes between:

Accepted Answer

States

Answer

Non-governmental organizations

Answer

Individuals

Answer

Corporations

Question 38

In international mediation, the mediator typically:

Accepted Answer

Facilitates communication and helps parties reach a mutually acceptable agreement

Answer

Makes binding decisions on the dispute

Answer

Represents the interests of one of the parties

Question 39

The principle of 'comity' in international dispute resolution refers to:

Accepted Answer

Respect and deference between courts and legal systems of different countries

Answer

The enforcement of international arbitral awards

Answer

The use of mediation in cross-border disputes

Question 40

Which of the following is a key consideration when choosing a seat for an international arbitration?

Accepted Answer

The neutrality and reputation of the chosen jurisdiction

Answer

The cost of living in the chosen location

Answer

The availability of specific types of food in the chosen location

Question 41

A 'discovery' process, commonly used in litigation, is generally NOT a feature of international arbitration. This is because:

Accepted Answer

Arbitration proceedings are typically confidential and less formal

Answer

The parties are always required to mediate before arbitration

Answer

Arbitration awards are not enforceable in international courts

Question 42

The United Nations Commission on International Trade Law (UNCITRAL) plays a significant role in international dispute resolution by:

Accepted Answer

Developing model laws and rules for international commercial arbitration

Answer

Enforcing international arbitral awards

Answer

Providing legal advice to parties in international disputes