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FACULTY OF ENGINEERING CAIRO UNIVERSITY

Credit Hours Programs

Course: Contract Administration (STR N427)

Assignment #4 19th April 2017

Name: Ayah Khaled El Attar Code: 1124311

1. Name two of the amicable settlement procedures that may be used to


resolve disputes?

(a) Mediation

(b)Negotiation

2. How can you define Mediation?

a facilitative, consensual and confidential process in which parties to


the dispute select a neutral and independent third party to assist them
in reaching a mutually acceptable negotiated agreement

3. How can you define Conciliation?

an advisory, consensual and confidential process in which parties to the


dispute select a neutral and independent third party to assist them in
reaching a mutually acceptable negotiated agreement. Such assistance
may include giving proposals for settlement

4. What is the main difference between Mediation and Conciliation?

The conciliator has a more interfering role than a mediator in bringing


the two parties together. The Conciliator can make proposals for
settlement to the parties in which they are free to choose to accept or
reject

5. How can you define Adjudication?

a consensual and confidential process whereby parties in dispute agree to


submit the matter in dispute to the decision of a person or persons in
whom they have confidence and trust. The decision is generally neither
final nor binding.

6. How can you define Arbitration?

a consensual and confidential process whereby parties in dispute agree to


submit the matter in dispute to the decision of a person or persons in
whom they have confidence and trust. The decision is binding.

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7. What does an Institutional Arbitration mean?

A type of arbitration in which a specialized institution intervenes and takes


on the role of administering the arbitration process by applying its own
rules of arbitration

8. What does Ad-hock Arbitration mean?

A type of arbitration in which the parties are responsible for determining


and agreeing on their own arbitration procedures rather than being
supervised by the rules of an arbitral institution

9. What does Domestic Arbitration mean:

It is when the involved parties are from the same country. Therefore,
domestic law applies to the proceedings and the enforcement of awards

10. Name two of the advantages of Arbitration?

(a) Confidentiality

(b)Speed of resolving disputes

11. True or False: Arbitration can be classified


as an amicable settlement procedure.
a) True
b) False

12. True or False: the decision resulting from an adjudication process is


generally final and binding upon the parties in dispute.
a) True
b) False

13. True or False: Arbitration can be classified as an alternative dispute


resolution.
a) True
b) False

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14. True or False: If a dispute is referred to arbitration, the parties to the
arbitration cannot agree on a settlement before issuance of the
arbitration award.
a) True
b) False

15. True or False: For international commercial arbitration, the


jurisdiction to review the arbitral matters referred by the arbitration law
(27/1994) to the Egyptian courts lies with the court having original
jurisdiction over the dispute.
a) True
b) False

16. True or False: according to the law of arbitration (27/1994), the


arbitration agreement must be in writing otherwise it is null.
a) True
b) False

17. True or False: According to the law of arbitration (27/1994), the


arbitration agreement cannot be considered in writing if it is: contained
in an exchange of letters.
a) True
b) False

18. True or False: According to the law of arbitration (27/1994), the


arbitration agreement must be formulated after the dispute arises.
a) True
b) False

19. True or False: According to the law of arbitration (27/1994),


Arbitration is permitted in all matters even those which cannot be
subject to conciliation.
a) True
b) False

20. True or False: According to the law of arbitration (27/1994), the


nullity of the contract shall render the arbitration clause contained in
the contract invalid even if such clause is valid in itself.
a) True
b) False

21. According to the law of arbitration (27/1994), the arbitration agreement


in administrative contracts is the authority of:

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a) The administrative unit.
b) The competent authority.
c) The competent minister.
d) Any of the above.

22. For domestic arbitration, Jurisdiction to review the arbitral matters


referred by the arbitration law (27/1994) to the Egyptian courts lies
with:
a) the court having original jurisdiction
b) The Cairo court of appeal.
c) The court selected by the arbitral tribunal.
d) None of the above.

23. According to the law of arbitration (27/1994), The court before which an
action is brought concerning a dispute which is the subject of an
arbitration agreement shall hold this action:
a) Admissible under all circumstances
b) Inadmissible under all circumstances
c) Inadmissible under certain circumstances
d) None of the above

24. According to the law of arbitration (27/1994), in the absence of an


agreement on the number of arbitrators, the number shall be:
a) One arbitrator
b) Three arbitrators
c) Any odd number of arbitrators.
d) None of the above

25. According to the law of arbitration (27/1994), the two parties to the
arbitration may agree on:
a) the choice of the arbitrators
b) the method for effecting the choice
c) the period of time for effecting the choice
d) any of the above

26. According to the law of arbitration (27/1994), the arbitral proceedings


commence on the date on which.
a) The arbitral tribunal is formed
b) The claimant nominates the first arbitrator
c) The first procedural meeting is held
d) None of the above

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27. According to the law of arbitration (27/1994), if without showing
sufficient cause the claimant fails to submit the written statement of
claim, and unless otherwise agreed by the parties, the arbitral tribunal
shall:
a) Give the claimant a time limit to submit the statement of claim
b) Continue arbitral proceedings without this submission
c) Terminate the arbitral proceedings
d) None of the above

28. According to the law of arbitration (27/1994), if the respondent fails to


submit its statement of defence, the arbitral tribunal shall:
a) Give the respondent a time limit to submit the statement of defence
b) Continue arbitral proceedings without this submission
c) Terminate the arbitral proceedings
d) None of the above

29. According to the law of arbitration (27/1994), if either party fails to


attend any of the hearing sessions the arbitral tribunal may:
a) Continue the proceedings and make the award
b) Terminate the arbitral proceedings
c) Set another time for the hearing session
d) Any of the above

30. According to the law of arbitration (27/1994), the arbitral proceedings


are terminated by:
a) Issuing of the final award
b) Agreement of the parties
c) Leaving the case by the Claimant
d) Any of the above

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