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Quick Assessment Exam

** This exam requires you to harmonize principles in arbitration law, procedural law, and
commercial law. Approach the problem from the perspective of these laws.

1. You are consulted by the Filipino stockholders of two would-be corporations


engaged in the business of providing computer chips for various PC makers all
over the ASEAN region. You do not trust the Philippine justice system and would
like to ensure that all your disputes are resolved through international
commercial arbitration.
How would you structure your corporations to serve the stockholders interest?
(10 points)
Craft a sample arbitration agreement for the two corporations. (10 points)

2. Some arbitration practitioners criticize the relationship between arbitral tribunal


and domestic courts. They believe that decisions of arbitral tribunals should be
final and that tribunals be given the power to enforce their own awards.
Why do you think that most arbitration rules require the participation of local
courts in the enforcement of arbitral awards?
(5 points)
Should states push for the non-participation of local courts in the enforcement of
arbitral awards? How will you ensure that awards can be fully enforced by
arbitral tribunals? (5 points)