Question

QUESTION 45

1. According to the text, the main methods used to resolve disputes in international business are arbitration, mediation and litigation

   True

   False

QUESTION 50

1. Forum Non Conveniens (the country) and Venue (the state) both concern the location of a trial and both must be determined according to international law

   True

   False

1 points   

QUESTION 51

1. Forum Non Conveniens refers to the discretionary power of a court to refuse to hear a case, even though jurisdiction and venue are otherwise proper, because another forum is better suited

   True

   False

1 points   

QUESTION 52

1. In the case M/S Breman v. Zapata Off-Shore Co., the court dishonored the forum selection clause because the damage to the drilling rig occurred in a storm in close proximity to the United States off the coast of Florida and of great distance from Great Britain, the selected forum

   True

   False

1 points   

Answer 1

ANSWER 45: True.

The goal of mediation is for a neutral third party to help disputants come to a consensus on their own.A mediator, with no vested interest in the outcome of the mediation, facilitates discussions and settlement between the parties.

In arbitration, a neutral third party serves as a judge who is responsible for resolving the dispute.

The most familiar type of dispute resolution, civil litigation typically involves a defendant facing off against a plaintiff before either a judge or a judge and jury.

ANSWER 50: True

ANSWER 51: True

A court's discretionary power to decline to exercise its jurisdiction where another court may more conveniently hear a case.

ANSWER 52: True

The District Court, relying on Carbon Black Export, Inc. v. The Monrosa, 254 F.2d 297, held the forum-selection clause unenforceable, and refused to decline jurisdiction on the basis of forum non conveniens. The Court of Appeals affirmed.