Question 1

If a court vacates an award, the court shall:

Accepted Answer

A)  order the parties to commence a civil action. 
B)  order a new arbitration hearing before new arbitrators. 
C)  issue its own award in summary proceedings. 
D)  order the parties to settle by other means. 
A)  order the parties to commence a civil action. 
B)  order a new arbitration hearing before new arbitrators. 
C)  issue its own award in summary proceedings. 
D)  order the parties to settle by other means. B

Question 2

If a dispute arises over the scope of submission in an arbitration agreement, who resolves the dispute?

Accepted Answer

The scope of submission may extend to the arbitrator authority to decide the scope of the submission. Otherwise, the parties may resort to a court of general jurisdiction to determine the scope of submission. The parties ask the court to construe their contract and determine their intent.

Question 3

What is the most common method for selecting the particular arbitrators for the tribunal?

Accepted Answer

The most common method is for each party to nominate one arbitrator and have the two nominees select a third person, who is often called the "neutral" arbitrator.

Question 4

Due to the nature of arbitration, the law requires contracts to arbitrate to be in writing.

Accepted Answer

A) True 
 B)False

Question 5

An application for modification of an award must be made within days after the award is delivered to the party. If application for modification is duly made, the opposing party has a right to serve and deliver an objection to modification to the tribunal within days.

Accepted Answer

A)  10; 10 
B)  10; 20 
C)  20; 10 
D)  20; 20 
E)  none of the above. 
A)  10; 10 
B)  10; 20 
C)  20; 10 
D)  20; 20 
E)  none of the above.

Question 6

What would be the result in an instance where the parties have a contract to arbitrate, but the plaintiff elects to commence a civil suit anyway?

Accepted Answer

The civil action will be allow

Question 7

A contract to arbitrate need not the scope of submission, as that aspect of arbitration is covered by the Uniform Arbitration Act.

Accepted Answer

A) True 
 B)False

Question 8

Define
-mediation

Accepted Answer

A procedure for dispute resolution that

Question 9

If the parties include an arbitration agreement in their contract for the sale of property, is the arbitration agreement enforceable even though the parties did not know at the time they included the arbitration clause? What disputes might arise under their sales agreement? Why?

Accepted Answer

Yes. The agreement to arbitrate gives ce

Question 10

What set of rules must a party follow to serve a subpoena in an arbitration proceeding?

Accepted Answer

A)  The Uniform Arbitration Act. 
B)  The tribunal has the authority to establish its own rules for this purpose. 
C)  The rules of common law. 
D)  The rules of civil procedure. 
A)  The Uniform Arbitration Act. 
B)  The tribunal has the authority to establish its own rules for this purpose. 
C)  The rules of common law. 
D)  The rules of civil procedure.

Question 11

The Uniform Arbitration Act expressly provides that any party has a right to be represented by an attorney at law.

Accepted Answer

A) True 
 B)False

Question 12

The arbitrators' misunderstanding of the law is grounds for setting aside an arbitration award.

Accepted Answer

A) True 
 B)False

Question 13

What may the parties do if they disagree whether they are obligated by contract to arbitrate their dispute?

Accepted Answer

Either party may take the issu

Question 14

If an arbitration tribunal consists of three members, how many must actually attend the arbitration hearing?

Accepted Answer

A)  0 
B)  1 
C)  2 
D)  3 
A)  0 
B)  1 
C)  2 
D)  3

Question 15

Define
-binding arbitration

Accepted Answer

Arbitration in which the parties must co

Question 16

Will a court force parties to arbitrate if both parties agree that they do not want to arbitrate their dispute and, instead, want to have a trial?

Accepted Answer

If the parties contracted to arbitrate t

Question 17

How may an arbitration award be enforced against a party who refuses to abide by the award?

Accepted Answer

A party to arbitration may fil

Question 18

Define
-petitioner

Accepted Answer

One who makes a formal request

Question 19

Define
-non-binding arbitration

Accepted Answer

Arbitration in which the tribunal's awar

Question 20

What may a party do if, following an arbitration award, it becomes clear that there was evident partiality by an arbitrator appointed as neutral, or corrup- tion in any of the arbitrators, or misconduct prejudicing the rights of any party?

Accepted Answer

Either or both parties have a

Exam 23: Arbitration and Mediation Glossary

If a court vacates an award, the court shall:

If a dispute arises over the scope of submission in an arbitration agreement, who resolves the dispute?

What is the most common method for selecting the particular arbitrators for the tribunal?

Due to the nature of arbitration, the law requires contracts to arbitrate to be in writing.

An application for modification of an award must be made within days after the award is delivered to the party. If application for modification is duly made, the opposing party has a right to serve and deliver an objection to modification to the tribunal within days.

What would be the result in an instance where the parties have a contract to arbitrate, but the plaintiff elects to commence a civil suit anyway?

A contract to arbitrate need not the scope of submission, as that aspect of arbitration is covered by the Uniform Arbitration Act.

Define -mediation

If the parties include an arbitration agreement in their contract for the sale of property, is the arbitration agreement enforceable even though the parties did not know at the time they included the arbitration clause? What disputes might arise under their sales agreement? Why?

What set of rules must a party follow to serve a subpoena in an arbitration proceeding?

The Uniform Arbitration Act expressly provides that any party has a right to be represented by an attorney at law.

The arbitrators' misunderstanding of the law is grounds for setting aside an arbitration award.

What may the parties do if they disagree whether they are obligated by contract to arbitrate their dispute?

If an arbitration tribunal consists of three members, how many must actually attend the arbitration hearing?

Define -binding arbitration

Will a court force parties to arbitrate if both parties agree that they do not want to arbitrate their dispute and, instead, want to have a trial?

How may an arbitration award be enforced against a party who refuses to abide by the award?

Define -petitioner

Define -non-binding arbitration

What may a party do if, following an arbitration award, it becomes clear that there was evident partiality by an arbitrator appointed as neutral, or corrup- tion in any of the arbitrators, or misconduct prejudicing the rights of any party?

Litigation Principles

Lawyer and Client Relationship and Ethics

Court Organization

Causes of Action and Remedies

Affirmative Defenses

Introduction to Federal Procedure

Gathering Evidence

Evidence

Conducting an Investigation

Expert Witnesses

Interrogatories

Oral Depositions

Preparing Client for Deposition

Medical Examinations and Records

Inspection of Property, Documents, and Things

Requests for Admissions

Motions

Preparation for Trial

Structure of a Civil Trial

Judgments

Appeals

Settlements, Releases, and Dismissals

Filters