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Complex Arbitrations: Multi-party, Multi-contract and Multi-issue: A Comparative Study 2nd ed


ISBN13: 9789403512617
Previous Edition ISBN: 904112442X
Published: July 2020
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £175.00



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Also available as

Complex Arbitrations: Multi-party, Multi-contract and Multi-issue is a fully updated and renewed second edition of the far-sighted 2006 guide that was extensively used and much appreciated worldwide. Arbitrations which involve two or more parties and complex multi-party issues are becoming very common and frequent year by year. This one-stop guide provides a comprehensive and unique in-depth analysis of the multiplicity of issues arising from multi-party and multi-contract arbitration. It includes the decisions of several hundreds of courts from all major arbitral jurisdictions in the world and ad hoc and institutional awards – published and unpublished – rendered in all parts of the world under the auspices of all leading institutions.

The book covers the theories based on which an arbitration clause may be “extended” to non-signatories, issues arising from groups of contracts, joinder of parties and consolidation of arbitration proceedings, enforcement of such awards and their res judicata effects are analysed in this book. The analysis highlights the following factors and issues:

  • theories based on which various courts and tribunals determine who are parties to the arbitration clause and whether a non-signatory may be part of the proceedings;
  • to what extent one can bring to a single arbitration proceeding the various parties who have participated in an economic transaction through several contracts;
  • reasoning to follow when it comes to deciding whether another company of the same group can be joined to the arbitration;
  • whether a party to a complex contractual structure can intervene voluntarily in the proceedings;
  • under what conditions arbitrations may be consolidated;
  • to what extent res judicata applies when a second arbitration is initiated between the same parties on different legal grounds;
  • how and to what extent one can overcome the inconveniences arising from having several parallel proceedings; and
  • enforcement of multi-party and multi-contract awards.

The book also contains appendices specifying multi-party and multi-contract arbitration clauses, provisions of international conventions and relevant national legislative and institutional rules.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
Acknowledgements for the First Edition
Acknowledgements for the Second Edition
Introduction
CHAPTER 1: Who Are the Parties to the Contract(s) or to the Arbitration Clause(s) Contained Therein? The Theories Applied by Courts and Arbitral Tribunals
CHAPTER 2: May an Arbitration Clause Be Extended to Non-signatories: Individuals, States or Other Companies of the Group?
CHAPTER 3: The Possibility of Bringing Together in One Single Proceeding all the Parties Who Have Participated in the Performance of One Economic Transaction Through Interrelated Contracts
CHAPTER 4: Joinder of Parties and Joinder of Claims: Voluntary and Compelled Intervention of Third Parties, Cross-Claims and Consolidation
CHAPTER 5: Setting in Motion of Arbitral Proceedings and Appointment of Arbitrators
CHAPTER 6: Arbitration Proceedings
CHAPTER 7: Enforcement of the Arbitral Award
CHAPTER 8: The Res Judicata Effect of an Award Rendered in a Connected Arbitration Arising from the Same Project
APPENDIX 1: A Selection of Provisions on Multiparty Arbitration in International Conventions, National Legislations and Institutional Rules
APPENDIX 2: A Selection of Multiparty-Multicontract Arbitration Clauses
APPENDIX 3: The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
Bibliography
Table of Cases
Subject Index;

Series: International Arbitration Law Library

Transnational Due Process and Article V(1)(b) of the New York Convention ISBN 9789403524375
To be published June 2024
Kluwer Law International
Early Determination of Jurisdiction (eBook) ISBN 9789403502786
Published March 2024
Kluwer Law International
£157.00
(ePub)
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Early Determination of Jurisdiction ISBN 9789403502687
Published March 2024
Kluwer Law International
£165.00
£160.00
(ePub)
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£160.00
Contract Law in International Commercial Arbitration (eBook) ISBN 9789403510668
Published November 2022
Kluwer Law International
£160.00
(ePub)
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Contract Law in International Commercial Arbitration ISBN 9789403510361
Published November 2022
Kluwer Law International
£160.00
£165.00
(ePub)
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The Bona Fide Investor: Corporate Nationality and Treaty Shopping in Investment Treaty Law ISBN 9789403541853
Published December 2021
Kluwer Law International
£165.00
Autonomous Versus Domestic Concepts under the New York Convention ISBN 9789403531731
Published March 2021
Kluwer Law International
£173.00
Autonomous Versus Domestic Concepts under the New York Convention (eBook) ISBN 9789403531748
Published March 2021
Kluwer Law International
£173.00
(ePub)
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£167.00
(ePub)
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£167.00
The Legal, Real and Converged Interest in Declaratory Relief ISBN 9789403512440
Published May 2019
Kluwer Law International
£144.00
Interpretation of Contracts in Comparative and Uniform Law ISBN 9789403511306
Published May 2019
Kluwer Law International
£148.00
The Decision Making Process of Investor-State Arbitration Tribunals ISBN 9789041196002
Published January 2019
Kluwer Law International
£164.00
The Functions of Arbitral Institutions ISBN 9789041162175
Published August 2016
Kluwer Law International
£189.00
The Functions of Arbitral Institutions (eBook) ISBN 9789041162205
Published August 2016
Kluwer Law International
£189.00
(ePub)
Buy
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
£204.00
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
£211.00
Parallel Proceedings in International Arbitration: A Comparative European Perspective ISBN 9789041152640
Published May 2014
Kluwer Law International
£217.00
Piercing the Veil of State Enterprises in International Arbitration ISBN 9789041151629
Published April 2014
Kluwer Law International
£204.00
£204.00
International Arbitration and the Permanent Court of Arbitration ISBN 9789041147660
Published August 2013
Kluwer Law International
£204.00
£204.00
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
£204.00
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
£204.00
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
£185.00
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
£185.00
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
£185.00
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
£231.00
£182.00
£197.00
Pervasive Problems in International Arbitration ISBN 9789041124500
Published May 2006
Kluwer Law International
£177.00
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions ISBN 9789041124425
Published December 2005
Kluwer Law International
Out of print
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
£187.00
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
£187.00
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
£239.00
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
£257.00
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
£300.00
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
£154.00
Arbitration in Complex International Contracts ISBN 9789041116628
Published October 2001
Kluwer Law International
£207.00
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
£195.00
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
Price on Application