Alternative Dispute Resolution - Finals

Reconstituted final examination in Alternative Dispute Resolution:

I. TRUE or FALSE

1. Under the "look and sniff" doctrine, the arbitrator need not apply his expertise.
2. The parties to an arbitration asked the Regional Trial Court to refer them to arbitration as per their agreement, despite the presence of thrid party claimants to the contract.
3. American jurisprudence can be of aid to Philippine arbitral tribunals in rendering an award as to Model Law.
4.  

II. ANSWER IN NOT MORE THAN FIVE LINES.

1. A provision in the arbitral agreement states that the Regional Trial Court may modify an award if the same is not in accord with law. Valid?
2. You are the sole arbitrator. One of the parties failed to attend the preliminary conference to draft the Terms of Reference. It is undisputed that the absent party was duly notified of and was given an agenda of the topics to be decided upon. Would you proceed with the preliminary conference?
3. Article 2044 of the New Civil Code states: "Any stipulation that the arbitrators' award or decision shall be final, is valid xxx." Is it in accordance with the traditional definition of arbitration?
4. The parties agreed that the decision for the awards rendered by the arbitral tribunal need not include the reasons thereof. Is the agreement valid?

III. OBJECTIVES

1. Give at least 5 circumstances in the Model Law that allows for court interference in arbitral proceedings.
2. Distinguish consensual arbitration from statutory arbitration.