arbitration written assignment

arbitration written assignment prepared to discuss the answers to each of these questions in class next week (Oct. 6). Written responses to the questions will be due on TWEN by 5 pm on October 9, 2015. This assignment is worth 7 points, or 7% of your grade for the course. Please write no more than 4 pages with 1.5 spacing between lines. You represent Turnkey International, a general contractor in an arbitration involving a major construction dispute with the Republic of Kardashia. Kardashia retained Turnkey to build the Kardashia North West International Airport in Kimzmir, Kardashia. The contract contained an arbitration provision. Kardashia has adopted the Model Law. In accordance with a provision in the contract, Turnkey and Kardashia each unilaterally appointed an arbitrator, and those two arbitrators picked a third arbitrator as chair. The parties have just announced their list of witnesses for the hearing, and you have heard from two different sources that one of the expert witnesses for Kardashia (that is, an expert of the owner) has recently done extensive consulting work with the arbitrator selected by Kardashia, and has also has also worked as a consultant to the chair and his law firm. Neither the Kardashian arbitrator nor the chair has thus far made disclosures regarding the matter, but you are very, very concerned about those arbitrators’ ability to render an impartial decision under the circumstances. Question 1. Assume the arbitration hearings are scheduled to begin soon. What are your courses of action? Should you go to court for immediate relief? Ask the two arbitrators to resign? Tell the arbitrator you appointed to resign in protest? Appeal to the entire panel for relief through majority decision? Something else? Does it make a difference if the applicable rules are the UNCITRAL Arbitration Rules, with the ICC as appointing authority? Please explain. Question 2. What difference, if any, would it make if you did not discover the undisclosed relationships until after the award? Could you sue the arbitrators, or the appointing authority under the UNCITRAL Arbitration Rules, or do something else? Would it make any difference if the ICC Rules (and not the UNCITRAL Arbitration Rules) were the applicable rule? What is your likely option at this point? Question 3. If the building project and the seat of arbitration are in the United States and the lCDR Rules (and not the UNCITRAL Arbitration Rules) apply, how (if at all) would that change your answers to (B)?