Question
You have been invited by a US snack manufacturer, Crispier Corp., to attend a video conference with its Lead Counsel to assess your suitability to
You have been invited by a US snack manufacturer, Crispier Corp., to attend a video conference with its Lead Counsel to assess your suitability to act as sole arbitrator in an ad hoc arbitration. Crispier is claiming compensation for canceling a large palm oil consignment it had contracted to buy from Indonesian producer, Sumatroil, prior to the Indonesian Government's export ban. The arbitration agreement provides for the seat in Mewerhose (which has adopted UML verbatim) and the application of UAR
1- Explain your considerations when dealing with Crispier's invitation and, if you are minded to accept it, state what conditions you insist upon
2- You have agreed to act in the Crispier / Sumatroil arbitration. Identify three commonly used methods to calculate the arbitrator's fees and seven terms that should be included in your remuneration agreement?
3- If minded to grant the interim measure, what should the arbitral tribunal consider requiring Crispier to do and why?
4- You have now been appointed as the sole arbitrator in the Crispier/Sumatroil case. Counsel for Crispier has made an ex parte request to the arbitral tribunal for an interim measure together with an ex parte application for a preliminary order. These are attributed to concerns that Sumatroil is transferring assets from its parent company. Discuss whether the arbitral tribunal has the power to grant an interim measure in these circumstances and what, if any, relevant conditions must be satisfied before doing so
PART I (40 marks) & Questions in Part I MUST be answered (read each question carefully): m: in addition to other guidance/references/explanations that a candidate ought to 1' may be required to provide when addressing questions arising out of the fact matrix below, the answers should also (where possible to do so) refer to the UNClTRAL Model Law on lnternational Commercial Arbitration 2006 (UML), which has been adopted verbatim by the seat, the UNClTRAL Arbitration Rules ZOl 3 ( UAR) and relevant case law from any jurisdiction. QUESTION I: You have been invited by a US snack manufacturer, Crispier Corp., to attend a video conference with its Lead Counsel to assess your suitability to act as sole arbitrator in an ad hoc arbitration. Crispier is claiming compensation for the cancellation of a large palm oil consignment it had contracted to buy from Indonesian producer, Sumatroil, prior to the Indonesian Government's export ban. The arbitration agreement provides for the seat in Mewerhose (which has adopted UML verbatim) and application of UAR. (i) Explain your considerations when dealing with Crispier's invitation and, if you are minded to accept it, state what conditions you insist upon? .............................................................................................. (l 0 marks) (ii) You have agreed to act in the Crispier / Sumatroil arbitration. Identify three methods which are commonly used to calculate the arbitrator's fees and seven terms which should be included in your remuneration agreement .............................................................................................................................. (l0 marks) (iii) You have now been appointed to act as the sole arbitrator in the Crispier/Sumatroil case. Counsel for Crispier has made an ex parte request to the arbitral tribunal for an interim measure together with an ex parte application for a preliminary order. These are attributed to concerns that Sumatroil is transferring assets its parent company. Discuss whether the arbitral tribunal has the power to grant an interim measure in these circumstances and what, if any, relevant conditions which must be satisfied before doing so ................................................................................................................................................................................. (6 marks) (iv) What is the nature, purpose and effect of the preliminary order referred to in (iii) above and when is the arbitral tribunal empowered to grant one? .................................................................................... (6 marks) (v) If minded to grant the interim measure, what should the arbitral tribunal consider requiring Crispier to do and why? ....................................................................................................................................... (6 marks) (vi) When should the arbitral tribunal give Sumatroil notice of Crispier's ex parte application for the preliminary order? ........................................................................................................................ (2 marks) Page 2 of 4Step by Step Solution
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