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Vol 21 No 10 Oct/Nov 2016

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Third Parties in International Commercial Arbitration


ISBN13: 9780199572083
Published: December 2010
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £147.50



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Adopting a comparative, international approach, this book is predominantly concerned with the impact of arbitration proceedings and arbitral awards upon third parties.

The role of the third party has fast become a pervasive problem in the field of international arbitration, as parties not bound by an arbitral agreement are seen to be excluded from the process, even if they clearly maintain a legal or financial interest in a dispute between those persons who are bound by an agreement.

Brekoulakis tests the consensual boundaries of arbitration, considering whether it is possible for arbitration to impact upon persons that are neither contractual parties to an arbitral agreement, nor parties to the proceedings themselves. Particular emphasis is placed upon commercial contracts such as construction, which involve multiple parties or groups of companies.

Third Parties in International Commercial Arbitration proceeds to examine those theories relied upon by courts and arbitral tribunals in order to determine the parties to an arbitral agreement, and in its course questions whether third-party mechanisms such as joinder, intervention or class-actions can or should be applied to arbitration proceedings.

Ultimately, this book not only offers comprehensive coverage of existing materials and case law, but goes so far as to suggest new approaches to an area of arbitration that is still largely undetermined.

Subjects:
Arbitration and Dispute Resolution
Contents:
introduction
I. Parties and Arbitration Agreements:
1: Parties to Arbitration Agreements
2: Arbitration and Procecural Multiparty Mechanisms
3: Affected Third Parties
Conclusions of Part I

II. The Contractual Approach and New Non-Signatory Theories
4: The Doctrine of Equitable Estoppel in Arbitration
5: The Doctrine of Group of Companies
6: Critique on the 'Non-Signatory Theories' and the Contractual Approach to Third Parties

III. A Jurisdictional Approach to The Discussion on Arbitratioin and Third Parties
7: Why and Under Which Conditions Tribunals Can Assume Jurisdiction Over a Third-Party Claim
8: When Should a Tribunal Assume Jurisdiction Over a Third-Party Claim and Other

IV. Arbitral Awards and Third Parties
9: The Legal Effects of Arbitral Awards
10: Content and Characteristics of the Suggested Third-Party Arbitral Effect
11: Special Issues on the Effect of Arbitral Awards
Conclusion;

Series: Oxford International Arbitration Series

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