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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions

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ISBN13: 9789041124425
ISBN: 904112442X
Published: December 2005
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £136.00

Low stock.

Arbitrations involving more than two parties and complex multicontractual issues represent more than one third of international arbitration cases, and this proportion increases every year. The difficult and specific issues raised by such arbitrations have been the object of abundant case law, derived from both arbitral tribunals and national courts, as well as doctrinal writings.

This thorough and up-to-date guide to this area of practice the first and only such guide available provides a comprehensive analysis of all the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. The numerous factors and problems analysed in depth include the following:-

  • theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause;
  • whether an arbitration clause may be extended to non-signatories;
  • to what extent one can bring to a single arbitration proceeding the various parties who have participated in a single economic transaction through several contracts;
  • whether a respondent can join other defendants to the arbitration, be they privy to the arbitration agreement or third parties;
  • whether a party to a complex contractual structure can intervene voluntarily in the proceedings; under what conditions separate arbitration proceedings may be consolidated;
  • how and to what extent one can overcome the inconveniences that arise from having several parallel proceedings;
  • appointment of arbitrators when the various parties to the dispute have divergent interests;
  • res judicata, and in particular whether an arbitral tribunal should take into consideration an arbitral award rendered in a connected arbitration arising from the same project;
  • enforcement of multiparty-multicontract awards.
The author proposes concrete solutions to these problems, and also offers the first analysis of the special issues raised by the latest development in international arbitration, class actions.

Features of particular value to the practitioner include in-depth analysis of more than a hundred and twenty ad hoc and institutional awards rendered under the auspices of the ICC and other institutions; analysis of relevant national case law based on nearly 200 court decisions from the United States, France, Switzerland, England, Australia, Canada, Belgium and other countries; and appendices specifying multiparty-multicontract arbitration clauses, provisions of international conventions, national legislations and institutional rules, and institutional rues on class arbitrations.

Corporate counsel, international arbitrators, and lawyers having to deal with multiparty-multicontract disputes will find this book of immeasurable value in their day-to-day work, law professors and students of dispute resolution have here a unique consideration of an increasingly salient aspect of current international practice.

Series: International Arbitration Law Library

Valuation for Arbitration: Compensation Standards, Valuation Methods and Expert Evidence 2nd ed ISBN 9789041162281
To be published December 2016
Kluwer Law International
The International Effectiveness of the Annulment of an Arbitral Award 2nd ed ISBN 9789041159731
To be published October 2016
Kluwer Law International
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
Parallel Proceedings in International Arbitration: A Comparative European Perspective ISBN 9789041152640
Published May 2014
Kluwer Law International
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
Arbitration and Mediation in International Business ISBN 9789041102423
Published June 1998
Kluwer Law International
Out of print
Iran-United States Claims Tribunal in Action ISBN 9781853339028
Published March 1993
Brill Academic Publishers
Out of print