Chapter 15

Question 1

What are the grounds to apply for a stay of legal proceedings?

Question 2

In what way is a court able to assist an arbitrator?

Question 3

On what grounds can an arbitrator be removed?

Question 4

Examination-style questions
* Discuss the rationale behind the court staying legal proceedings to refer the parties to arbitration. How does the kompetenz-kompetenz principle operate under this scenario?

• Discuss the grounds that could justify a court removing an arbitrator. Explain whether you agree with the provision to bring the challenge procedure before the tribunal under the Model Law.
• On what grounds can a party challenge an arbitrator’s final award? Why would Model Law countries vary in their interpretation of the grounds?
• Consider the grounds that could justify a court removing an arbitrator