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1. What is arbitration? How does it differ from litigation?
2. What are the advantages and disadvantages of arbitration?
3. Is arbitration confidential?
4. Is there any legislation which governs arbitration? If so, do any legislative provisions apply mandatorily?
5. What role does the national court adopt in relation to arbitration?
6. How can an arbitration agreement be made? Are there any formal requirements?
7. What happens if there are disagreements as to the existence or scope of an arbitration agreement? In particular, may the national court intervene to determine that disagreement?
8. What remedies are available if court proceedings are commenced in breach of an arbitration agreement?
9. How is an arbitral tribunal appointed?
10. Must an arbitrator possess any specific qualifications or qualities?
11. What if the arbitration is conducted unsatisfactorily? Is there a remedy against the tribunal, or does it enjoy immunity from suit?
12. What if there are disagreements concerning the appointment of an arbitral tribunal? May the national court intervene?
13. What if there are disagreements relating to the jurisdiction of the arbitral tribunal? May the national court intervene?
14. What procedure applies during an arbitration? In particular,
  • must written statements of case be exchanged?
  • What evidence may be adduced?
  • Will there be a hearing, or can the arbitration proceed on documents only? May the parties be represented by lawyers during an arbitration?
  • How long will the arbitration take?
  • What powers does the arbitral tribunal have to force the production of evidence, including disclosure of documents and factual or expert witness evidence?
  • What powers does the arbitral tribunal have if its procedural orders are disobeyed or ignored?
15. Does the arbitral tribunal have power to make interim orders such as injunctions, freezing orders, orders for security or for security for costs? If not, may the national court intervene in such respects?
16. What final remedies may the arbitral tribunal grant? (eg, damages, injunctions, declarations)
17. How much will the arbitration cost? Is there any way of limiting costs?
18. How much is the tribunal paid? Who is liable for the tribunal’s costs?
19. How will the arbitral tribunal give its decision? Must the tribunal give reasons for its decision and, if so, what form must those reasons take?
20. How will costs be dealt with?
21. Can the arbitral award be challenged? If so how, when and what basis may this be done?
22. How are arbitral awards enforced? Can the tribunal make orders for enforcement, or must the national courts enforce the award?
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