PPL518 Solutions

PPL518

1. In the case of Iptrade v. Nigeria it was established that

States and state entities lack capacity to enter into arbitration agreements

States and state entities may claim immunity against arbitration

A state that freely enters into an arbitration agreement has waived its sovereign immunity

A state may revoke a waiver of sovereign immunity if confirmed by its highest court

2. Choice of seat signifies

physical location where arbitration may take place

adoption of laws to govern arbitration

nature of rules the parties will agree to be subject to

choice of place of appeal

3. Which of the following categories of persons absolutely lacks capacity to enter into an arbitration agreement

Infants

None of the options

Persons of unsound mind

All of the options

4. Another name of the doctrine of separability is the doctrine of …………….. of the the arbitration clause

immunity

superiority

equality

autonomy

5. Which of these determines the length of an arbitration agreement or submission clause

The quality of drafting

the practicalities of the situation

The size of the contract sum

The requirements of the ACA

6. What is the best remedy for a breach of an aritration agreement

Imprisonment

Damages

Enforcement

All of the options

7. The following may apply in an commercial arbitration except

None of the options

lex arbitri

lex loci arbitri

All of the options

8. By virtue of section ……….. of the ACA, a court may order stay of proceedings upon the request of a party to an action subject of an arbitration agreement

5(1)

5(2)

4(2)

4(1)

9. Which of the following cases does not deal with the power of court to stay proceedings to enable parties submit to an arbitration agreement

P&ID v. FGN

Minaj Systems Ltd. v. Global Plus Communications Systems

Niger Progress Ltd. v. NEI Corporation

MV Lupex v. Nigerian Overseas Chartering and Shipping Ltd.

10. Which of these is not a requirement for a valid arbitration agreement?

It must be in writing

it must be in respect of an arbitrable issue

Parties must have capacity to enter into the agreement

the agreement must be enforceable

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