Non Signatories, Third Parties and the international Arbitration Agreement
تاريخ النشر: 01/01/2009
الناشر: المنشورات الحقوقية صادر
نبذة الناشر:The principle contract law is the privity of contracts, correlatively, one of the main characteristics of arbitration as a form of dispute resolution is that it is chosen consensually by contracting parties.
It would therefore seem logical based on the privity of contracts that only a party to an arbitration agreement ...can be compelled to arbitration necessarily involved only the parties to the agreement.
However, in some circumstances certain national laws permit a party which is not a signatory to an arbitration agreement to participate in an arbitration, either as claimant or respondent. Joinder may be desirable in a number of situations. For example, disputes often arise where there are multiple but interdependent contracts, or where multiple parties are involved in a commercial transaction but only some of them are party to the agreement containing the arbitration clause.
This can arise particularly where a contracting party is member of a group of companies and where its parent or the other subsidiaries have been involved in the commercial transaction underlying the relevant contract, even though they may not be signatories to that contract, but several reasons may dictate the joinder of the company to the arbitration proceedings as an exception to the principle of corporate veil (“personalité morale”).
While in national court proceedings joinder is common in most jurisdiction, in international arbitration joinder is generally not possible without some form of contractual relationship between the parties.
This book considers the extent to which joinder of third parties is possible in international arbitration even though there may be no strict contractual relationship between the parties, and how this concept has developed in several domestic laws and international rules on international arbitration in comparison between civil and common law jurisdictions. إقرأ المزيد