Description
This book is about the impact of arbitration proceedings and arbitral awards upon third parties. It is predominantly concerned with the role of the third party in international arbitration, and the book examines theories relied upon by courts and arbitral tribunals in order to determine the parties to an arbitral agreement. The book also suggests new approaches to an area of arbitration that is still largely undetermined.
Adopting a comparative, international approach, Third Parties in International Commercial Arbitration 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.
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