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:
and#8226;theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause;
and#8226;whether an arbitration clause may be extended to non-signatories;
and#8226;to what extent one can...
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 i...
International Chamber of Commerce Bernard Hanotiau Eric A. Schwartz
ICC Dossiers Volume 7
One third of ICC international arbitrations involve complex multiparty and#8211; multi-contract issues.
Given the increasing number and complexity of commercial transactions, more and more international arbitrations involve disputes arising from, or connected with, more than one contract and more than two parties. Such disputes involve many complex issues relating in particular to jurisdiction and merits: May an arbitration clause be extended to non-signatory party or parties? To what extent can one bring to a single arbitration proceeding...
ICC Dossiers Volume 7
One third of ICC international arbitrations involve complex multiparty and#8211; multi-contract issues.
Arbitration is a consensual justice. The actors of international trade expect it, among other advantages, to allow adapting the procedure to the characteristics of each case taking into account the partiesand#8217; mutual expectations and their cultural origins.
Based on consent, a successful arbitration supposes a harmonious cooperation between parties, arbitrators, and other actors of the proceedings, including arbitral institutions. Numerous factors however can negatively affect the arbitration procedure. Excessive aggressiveness of the...
ICC Dossiers Volume 9
Arbitration is a consensual justice. The actors of international trade expect it, among other advantages, to...