2026知到答案 国际商事调解与仲裁法学(山东政法学院) 最新智慧树满分章节测试答案
第一章 单元测试
1、单选题:
Which of the following is a core characteristic that distinguishes international commercial arbitration from litigation?( )
选项:
A:It requires the parties’ mutual agreement to initiate.
B:It follows rigid procedural rules identical to national courts.
C:It is conducted in public courts with state authority symbols.
D:The decision-makers are state-appointed judges.
答案: 【It requires the parties’ mutual agreement to initiate.】
2、单选题:
What is the foundation stone of modern international commercial arbitration?( )
选项:
A:A court order authorizing the dispute resolution.
B:The parties’ agreement to submit disputes to arbitration.
C:International treaties mandating arbitration for cross-border disputes.
D:The arbitral tribunal’s inherent jurisdiction over commercial disputes.
答案: 【The parties’ agreement to submit disputes to arbitration.】
3、单选题:
Which type of arbitration is administered by a specialist institution under its own predefined rules?( )
选项:
A:Litigation-assisted arbitration
B:Domestic arbitration
C:Institutional arbitration
D:Ad hoc arbitration
答案: 【Institutional arbitration】
4、多选题:
Which of the following are recognized merits of international commercial arbitration?( )
选项:
A:Binding and internationally enforceable awards.
B:Flexible procedural rules tailored to the dispute.
C:Confidentiality of proceedings to protect business secrets.
D:Lower costs than court litigation in all circumstances.
答案: 【Binding and internationally enforceable awards.;
Flexible procedural rules tailored to the dispute.;
Confidentiality of proceedings to protect business secrets.】
5、多选题:
What are the key differences between institutional arbitration and ad hoc arbitration?( )
选项:
A:Institutional arbitration provides pre-established procedural rules; ad hoc arbitration relies on party-agreed or tribunal-laid rules.
B:Ad hoc arbitration requires court supervision for all procedural matters.
C:Institutional arbitration involves award review by the institution; ad hoc arbitration does not.
D:Ad hoc arbitration is typically more cost-effective due to no institutional fees.
答案: 【Institutional arbitration provides pre-established procedural rules; ad hoc arbitration relies on party-agreed or tribunal-laid rules.;
Institutional arbitration involves award review by the institution; ad hoc arbitration does not.;
Ad hoc arbitration is typically more cost-effective due to no institutional fees.】
第二章 单元测试
1、单选题:
Which of the following best describes a "submission agreement" as a type of international commercial arbitration agreement?( )
选项:
A:An agreement tailored to resolve a dispute that has already arisen.
B:A short model clause inserted in a contract to cover future disputes.
C:A clause requiring arbitration to be administered by an institutional body.
D:A verbal agreement enforceable if referenced to written terms.
答案: 【An agreement tailored to resolve a dispute that has already arisen.】
2、单选题:
According to the doctrine of separability, what is the relationship between an arbitration clause and the underlying commercial contract?( )
选项:
A:The arbitration clause is independent and survives the main contract’s termination or invalidity.
B:The arbitration clause automatically terminates when the main contract is performed.
C:The arbitration clause is invalid if the main contract is declared null and void.
D:The arbitration clause’s validity is entirely dependent on the main contract’s enforceability.
答案: 【The arbitration clause is independent and survives the main contract’s termination or invalidity.】
3、单选题:
Which of the following is a core positive legal consequence of an international commercial arbitration agreement?( )
选项:
A:Obliging parties to submit covered disputes to arbitration.
B:Allowing arbitrary modification of procedural rules by the arbitral tribunal.
C:Depriving national courts of all jurisdiction over commercial disputes.
D:Exempting parties from paying arbitration fees if they object to the tribunal’s jurisdiction
答案: 【Obliging parties to submit covered disputes to arbitration.】
4、多选题:
Under the New York Convention, which of the following are requirements for a valid international commercial arbitration agreement?( )
选项:
A:It must cover disputes arising from a defined legal relationship (contractual or non-contractual).
B:It must specify a particular arbitral institution to administer the proceedings.
C:The parties must have legal capacity under the applicable law.
D:The agreement must be in writing (including modern telecommunications records).
答案: 【It must cover disputes arising from a defined legal relationship (contractual or non-contractual).;
The parties must have legal capacity under the applicable law.;
The agreement must be in writing (including modern telecommunications records).】
5、多选题:
Which of the following are basic elements of a valid international commercial arbitration agreement? ( )
选项:
A:Provision for default scenarios (e.g., non-participation by a party).
B:Designation of the place of arbitration.
C:Mandatory inclusion of a mediation clause prior to arbitration.
D:Clear expression of the parties’ intention to arbitrate.
答案: 【Provision for default scenarios (e.g., non-participation by a party).;
Designation of the place of arbitration.;
Clear expression of the parties’ intention to arbitrate.】
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