part One:(40 marks) - All questions in Part 1 must be answered (read each question carefully):

noteAnswers should (if applicable) refer to the UNCITRAL Model Law on International Commercial Arbitrationand UNCITRAL Rules (UML),

2006 for arbitrationf. Relevant Case Law from Any Jurisdiction (UAR) 2013

the question1:

(a)The arbitral tribunal issued its final award which substantially supports the Claimant's requests. The legal seat of arbitration is Italy. plaintiff feels He was angered and

saddened by a number of reasons: the arbitral tribunal made an error in calculating the damages, in that it did not properly apply a formula agreed upon by experts

in the quantum of both plaintiff and respondent parties during a joint expert session with the arbitral tribunal; '2' looks that the reasoning of the judgment is

inconsistent and defective; '3' Apparently, the arbitral tribunal relied on its technical expertise (considering that two members of the tribunal The three engineers)

reached a conclusion regarding a significant component of high value of the claim, but did not provide the relevant analysis to the parties for their consideration and

submission. How can a respondent challenge the final arbitration award or object to the enforcement of the award, whether at the seat of arbitration or elsewhere,

and on what grounds?

(10 marks)

(b)What are the relevant systems of law that may apply to international arbitration? Expanding the answer..

(c)You are the sole arbitrator (single arbitrator) in a dispute between two drug manufacturers regarding an alleged infringement of the scope of use of intellectual property

(as provided it in the contract) due to the illegal termination of the contract. During the pre-hearing meeting, the parties agreed that instead of submitting oral

closing statements, they wanted to submit post-hearing summaries (ie as written statements). As the individual arbitrator, when you considered the closing written

submissions, you were surprised that the claimant presented a new argument in the post-hearing summary.

10 marks)

(i)

On receipt of the post-hearing summary, the defendant immediately objected to this new allegation on the grounds that this new argument could not be

presented when the defendant did not have an opportunity to respond to or respond to this new argument. As a sole arbitrator, what will you

do?..

. (10 mark)

..........

(ii)Based on the above factual scenario, can the respondent challenge the arbitral award or contest its recognition/

enforcement If I (as a single arbitrator) would allow the claimant to present this new argument in their post-hearing

briefs? If yes, on what basis? Explain in detail.

(10 mark)

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