Module 5 Assessment Quiz | CAM

Q1 Part 1: Commercial Arbitration

Under the ICC Arbitration Rules, what is the standard time limit for rendering an arbitral award from the Terms of Reference?

A.3 months B.6 months C.9 months D.12 months

Explanation

Under ICC Rules, the arbitral tribunal must render its final award within 6 months from the date of the Terms of Reference, though this may be extended by the ICC Court.

Q2 Part 1: Commercial Arbitration

Which institution operates the Expedited Procedure Provisions (EPP) for claims under SGD 6 million?

A.ICC (Paris) B.LCIA (London) C.SIAC (Singapore) D.HKIAC (Hong Kong)

Explanation

SIAC (Singapore International Arbitration Centre) has Expedited Procedure Provisions that apply automatically to claims under SGD 6 million, requiring a single arbitrator and award within 6 months.

Q3 Part 2: Construction Disputes

Under FIDIC Contracts, what is the typical time limit for the Dispute Adjudication Board (DAB) to issue a decision?

A.14 days B.28 days C.56 days D.84 days

Explanation

Under FIDIC contracts, the DAB must issue its decision within 84 days of receiving a referral. The decision is binding immediately but can be challenged through arbitration if a notice of dissatisfaction is filed within 28 days.

Q4 Part 2: Construction Disputes

Scenario

A contractor claims an Extension of Time (EOT) due to heavy monsoon rains that exceeded historical averages, causing work stoppage for 45 days.

What type of delay claim is this likely to be classified as?

A.Excusable non-compensable delay B.Excusable compensable delay C.Non-excusable delay D.Concurrent delay

Explanation

Exceptionally adverse weather is typically classified as an excusable non-compensable delay - the contractor gets time extension but no additional costs, as neither party is at fault for natural events beyond historical norms.

Q5 Part 3: IP/Technology

Under the UDRP (Uniform Domain Name Dispute Resolution Policy), what are the three elements a complainant must prove?

A.Ownership, infringement, and damages B.Identical/confusingly similar mark, no legitimate interest, bad faith registration/use C.Prior registration, trademark validity, and jurisdictional connection D.Domain registration date, commercial use, and willful infringement

Explanation

Under UDRP, complainants must prove: (1) the domain is identical or confusingly similar to their trademark, (2) the registrant has no rights or legitimate interests, and (3) the domain was registered and used in bad faith.

Q6 Part 3: IP/Technology

Which WIPO service provides expedited dispute resolution with decisions typically in 1-2 months?

A.WIPO Standard Arbitration B.WIPO Mediation C.WIPO Expert Determination D.WIPO Domain Name Arbitration

Explanation

WIPO Expert Determination provides a fast-track procedure where a technical or legal expert issues a decision, typically within 1-2 months. It is ideal for technical disputes requiring specialized expertise.

Q7 Part 4: Family Mediation

In family mediation involving child custody, what principle takes precedence over all other considerations?

A.Equal time with both parents B.Financial stability of the custodial parent C.Wishes of the primary caregiver D.Best interests of the child

Explanation

The best interests of the child is the paramount consideration in all custody matters, as established in the Guardians and Wards Act, 1890 and reaffirmed in numerous Supreme Court decisions. All arrangements must prioritize the child's welfare.

Q8 Part 4: Family Mediation

Scenario

During intake for a divorce mediation, the mediator notices signs suggesting domestic violence - the wife appears anxious, avoids eye contact with the husband, and defers to him on all questions.

What should the mediator do?

A.Conduct separate safety screening sessions with each party B.Proceed with mediation but ensure equal speaking time C.Immediately terminate and refer to the police D.Ask the husband directly about violence

Explanation

The mediator should conduct separate safety screening sessions with each party to assess power imbalances and safety concerns. This allows the potentially vulnerable party to speak freely and helps determine if mediation is appropriate.

Q9 Part 5: ODR

Which Indian consumer protection mechanism operates entirely online and mandates resolution within 21 days?

A.National Consumer Disputes Redressal Commission B.E-Daakhil Consumer Grievance Portal C.Consumer Helpline 1800 D.SEBI Investor Grievance Portal

Explanation

The E-Daakhil portal under the Consumer Protection Act, 2019 enables online filing of consumer complaints. While it targets 21-day resolution for mediated settlements, the full adjudication process may take longer.

Q10 Part 5: ODR

What is the primary ethical concern when using AI-assisted analysis in ODR proceedings?

A.Speed of processing B.Cost reduction C.Algorithmic bias and transparency D.Internet bandwidth requirements

Explanation

Algorithmic bias and transparency are primary ethical concerns in AI-assisted ODR. AI systems may perpetuate biases present in training data, and parties have a right to understand how decisions affecting them are made.

Module 5: Specialized ADR

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