The examination will contribute amaximum of 100% of your finalmark
• You should answer this examination on the basis of the Model Law and UNCITRAL Arbitration Rules. However, where achange in the law has occurred within the last six months, answers on the basis of the law inforce six months priortothis examination will be accepted. If you submit ahandwritten award, please ensure that your handwriting is legible. Please write your candidate number on the top of each sheet of paper used. ANY OTHER IDENTIFICATION WILL INVALIDATED YOUR PAPER.Clarb takes a serious view of academic misconduct i written examination, assignments or assessments. Results are dispatched to candidates by email, normally eight to twelve weeks from the date of the examination. Results will not be released over the telephone. The paper is provided in two parts, Stage1 and Stage2. The names of any disputing parties, persons and businesses are fictitious. Any resemblance of names of persons, companies, businesses etc. To actual persons or entities are purely coincidental.
Stage One; This consists of the papers in the case. They are sufficient to enable you to grasp the nature of the case and the likely legal problems. Most of the documents are extracs only. You should consider the recitals you intend to include and the relevant law.
Stage Two ; This is the equivalent of the hearing stage. It includes an extract from your(i.e.the arbitrator’s) note book. This records the oral evidence and arguments the arbitrator has heard, as well as any other relevant documents. From the evidence you must make your findings of fact. Different candidates will not doubt make different findings. This is of no consequence, except that it means there are agreat many possible answers to the question. When you have made your findings of fact, write the award. It must be a final award as regards the issues you decide.
STAGE3
Note to candidates: Northistan, Westland, Eastheadand Southland are all independent States divided by the Great Green River. Easthead and Westland enjoy a very close statutory relationship. They are all signatories to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The currency of the contract is Westland Wont (W$).Westland’s arbitration law is the Westland International Arbitration Act, which came into force in August 2015, and which incorporates the UNCITRAL Model Law in its entirety. This Act specifies the Superior Court of Westgate as the specified Court under Article 6.The Northern International Court of Arbitration is located inthe capital city, Northington Heights. It has published The Northern International Court of Arbitration Rules in 2016, which incorporate the UNCITRAL Model Rules in their entirety.
Please note that any cases referred to here are fictitious for the purposes of your legal analysis of this scenario. You may augment your answer by quoting extraneous trite law, should you wish to clarify your reasons.
You will write a reasoned and enforceable Award, final as to the issues it determines. Candidates should be aware that the marking of their Award will be based upon the principles set out in Chapter 8 of the Module 3 Workbook and in particular that the content should reflect the matters described between pp 86 and 94 thereof.Any analysis, calculations, notes, assumptions or comments which you believe might assist the examiner should be written on separate sheets of paper clearly headed with the contents (e.g. “Assumptions”) and handed in with your Award.
