questions will be subjective, so cases.

answered with support and should not exceed more than 7 lines.

#1 - You are the sole arbitrator in an international arbitration with a seat in the
Philippines. You are an expert in the issue involved in the dispute. You are
confronted with the submissions from the parties, both of which who believe are
based on the "____" premises, you want to base your decision on what to believe in
the correct. At the same time, you do not want your award to be set aside. What are
you going to do?

#2 - A was appointed arbitrator by the complainant. He disclosed that he was

previously hired as counsel for X Corporation in an ongoing case that has nothing
whatsoever to do with the arbitration. X Corporation happened to be an affiliate of
the complainant and the respondent challenged A but A refused to inhibit himself,
arguing that the fact that they made the disclosure, indicates that he believes
that he is not disqualified. The issue was elevated to the appointing authority. As
the appointing authority, would you disqualify A?

Use the IBA guidelines as the basis.

#3 - Your client entered into an international contract with the following

arbitration clause - All dispute arising out of the present contract shall be
settled by way of arbitration. A  dispute now exist between the parties to the
contract. The other party demanded an arbitration but the client do not want to go
to an arbitration. Your client consulted you and ask you if they can avoid the
arbitration. What will be your advise.

#4 - A local construction contract involving a foreign party has the following

arbitration clause. Any dispute arising out of relation to the contract, refer to
the arbitration to be administered by the international commissioner of commerce.
The "whole" present in court, the seat of arbitration shall be in Hong Kong. The
Filipino party initiated an arbitration in the construction industry arbitration
commission. The foreign party filed a motion to dismissed and claimed that the
Philippines is not the seat designated by the parties and CIAC was not the
institution agreed upon by the parties. Will the motion prosper?

#5 - The respondent challenged the jurisdiction of the tribunal rule that it has no
jurisdiction. The case was dismissed. The client however would like the arbitration
to proceed. As the counsel, what are you going to do.

#6 - Company A and Company B were merged. And company B ended up as the surviving
entity. Company b had previously entered into a contract with an arbitration
clause. The dispute arose and the claimant impleaded company A. Company A
challenged the jurisdiction of the tribunal on the ground that it is not a
signatory to the arbitration agreement and therefore not bound by it. Decide
whether the argument is correct or not.

#7 - A and B entered into an international contract with an arbitration clause.

Seat of arbitration is Singapore. Law of the contract is Philippine Law. The
contract was perfected and implemented in the Philippines. When a conflict arose, B
filed a court case in the Philippines. A requested the Philippine court to refer
the parties to arbitration in Singapore. The court denied the request. A went to
Singapore and requested the Singapore court to enjoin B from proceeding with the
court case. Was A's action legally feasible?

8# - X, a Filipino, was hired by company B as the General Manager. Company B, a

Filipino business entity, operations in the Philippines. The contract of employment
has an arbitration agreement. Seat in country Y. Law governing the contract is the
law of country Y. The salary of X is of such amount that under the law of country
Y, the dispute maybe resolve in an arbitration. Subsequently, a dispute arose.
Company B initiated an arbitration in country Y. X challenged the jurisdiction of
the tribunal constituted under the law of country Y. Decide.

#9 - An arbitral institution uses the eyes of the parties test as the standard for
disclosure and for disqualification. The appointed arbitrator did not disclose that
10 years ago, the he sat as an arbitrator in the case where one of the parties to
the present arbitration is also a party. He was challenged by one of the parties.
The arbitrator refused to inhibit himself and arguing that under the IBA
guidelines, he has no duty to disclose what the situation falls within the green
list. Was the argument valid?

#10 - The designated appointing authority refused to perform his functions. Where
should the interested party go to constitute the tribunal in the event of
recalcitrance by other party.

#11 - The arbitrator has an assignment. He refused to accept it because the work
was in conflict with a scheduled arbitration hearing. But the arbitration hearing
was abruptly cancelled upon agreement by the parties. The arbitrator billed the
parties a fee for the cancellation, arguing that if not for the scheduled hearing,
he would have earned money from another assignment. Is the argument valid?

#12 - The respondent appointed a foreigner who is not even a lawyer as arbitrator
in a domestic arbitration to be decided using Philippine law. The claimant filed
the case against the foreigner for illegal practice of law. Will the case prosper.

#13 - In an ICC arbitration, the two arbitrators appointed by the parties proceeded
to appoint the chair. The president of the tribunal ICC was provided by the
Philippine law. The three arbitrators proceeded to act as the tribunal and called a
case management conference. Was the action taken by the arbitrators valid?

#14 - While you are the sole arbitrator in an ICC arbitration. One of the parties
refused to sign the terms of reference. What are you going to do?

#15 - You are sole arbitrator, you sent an arbitration invitation to the parties to
attend the preliminary conference, stating the time, date and the place. The notice
has a warning that the preliminary conference can proceed without the absent party
if the present party requested for the conference to continue. The respondent
failed to have requested for the preliminary conference proceed even in the absence
of the respondent. What are you going to do to avoid due process and right "govern"
issues.

#16 - The appointing authority notified you that they will appoint you as sole
arbitrator in a dispute if you are available and will consent to the appointment.
The law of the contract is Korean law. You know nothing about the law of Korea.
Does this prevent you from deciding the dispute. 

#17 - The party to a contract with an arbitration clause filed a petition in court
for the annulment of the contract. The other party initiated an arbitration and the
tribunal was constituted notwithstanding the non participation of the party who
initiated the court case. The party who initiated the court case requested the
arbitral tribunal to suspend all proceeding including the pendency of the court
case. The said party argued that if the contract will void then arbitration
agreement in the contract is likewise void. Therefore, according to said party, the
issue of whether or not the contract will void will have to take precedence. Is the
argument valid?

#18 - You were appointed arbitrator, subject to acceptance. You realized that you
have a disclosed an event that transpired during a close door meeting of the
officers in your organization. But the organization's rules of confidentiality
prevents you from making such a disclosure. What are you going to do.