THE SCOPE OF AN ARBITRATION AGREEMENT IS A THIRD PARTY BOUND BY IT Executive Summary The arbitration procedure has become the principal method by which controversies and disputes may be settled outside of the formal litigation procedure filed in the courts…
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The arbitration agreement or clause is usually attached to a principal contract defining the relationship between the parties. When claims arise on the basis of the main contract, then arbitration is resorted to. There are a system of rights and obligations that come into play that occasionally involve third parties non-signatory to the contract (and consequently the arbitration clause) either as beneficiary or in some other capacity that is intricately connected to the transaction subject of arbitration. A dilemma is created when the need arises to include such third party under the coverage of the arbitration procedure in order to provide complete relief to the signatory parties, as this goes against the consensual nature of the arbitration procedure and the legal principle that only signatories to a contract may be bound by it. The problem is already difficult to address in the context of national law. Where the dispute involves a transaction between parties in different countries, however, then the dilemma becomes more complicated. Arbitration being an informal process, it relies much on broad considerations of case law, customs and traditions, and of course the original intention of the parties which, of itself, may also be interpreted from the viewpoint of tradition. In the case of international commercial disputes, where the only practical recourse is through arbitration, the matter of which laws should govern becomes itself a complication to the adjudication of the original dispute. The intricacies of international public law and conflicts in international private law between the countries confounds the use of customs and traditions and the interpretation of the parties’ original intention; this makes third party inclusion more difficult to determine, and an examination of existing case law bears witness to this. Given different situs of the arbitration proceedings, sometimes conflicting decisions are issued by different arbitration institutions.. This research is essentially a cursory survey of the provisions, doctrines and case law on the matter of the inclusion in arbitration proceedings of third parties who are non-signatories to the arbitration agreement. It aims to articulate the issues that come into play in the matter of international arbitration, when the inclusion or intervention of third parties becomes a necessary consideration. Table of Contents Title Page 1 Executive Summary 2 Table of Contents 4 Chapter One: INTRODUCTION 6 Chapter Two: SCOPE OF ARBITRATION AGREEMENT 9 2.1 Definition of Arbitration Agreement 10 2.2 Parties to an Arbitration Agreement 14 2.2.1 Capacity of the Parties 15 2.2.2 Third Party 16 2.3 Validity of an Arbitration Agreement 17 2.3.1 Writing 17 2.3.2 Defined Legal Relationship 18 2.3.3 Capable of Settlement by Arbitration 19 2.4 Separability 21 Chapter Three: THIRD PARTY AND ARBITRATION AGREEMENT 25 3.1 The Problem 25 3.2 Is It Possible to Joint a Non-Formal Party to the Agreement of Arbitration 26 3.2.1 Group of Companies Doctrine 27 3.2.2 The Theory of Estoppel 32 3.2.3 The Theory of Alter Ego 40 3.3 Distinction Between Non-Signatory Issue and the Joinder and Consolidation Issues 42 3.4 Is it the Same Terms for Extending an Arbitration Clause to Non-Signatory Companies and States 46 Chapter Four: MULTI
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??……………………………………………………6 Conclusion………………………………………………………………………………………...7 References…………………………………………………………………………………………9 Abstract Third party logistic has been in use by many companies and business organization.
on matrix relative to FDI and the provision of ISA in BITs and other forms of multilateral trade agreements. Specifically, this dissertation explores and analyses whether or not arbitration has or can effectively establish a rule of law that is necessary for encouraging FDI.
The various arbitration conventions available are efficient and offer different approaches to solving disputes, particularly in an increasingly integrated global system. This study aims to describe arbitration and arbitral enforcement in Saudi Arabia. The country has established historical and legal foundations for this dispute settlement mechanism, which are the Arbitration Law of 1983 and the Rules for the Implementation of Saudi Arabian Arbitration Regulation decreed in 1985.
This work is divided in to 5 chapters. The First Chapter provides an Introduction to the topic. In this regard, several investment arbitration treaties were examined. Emergence of these investment treaties and development of private international arbitration has been examined in this chapter.
tract 2011 Dispute Resolution Mechanism? 20 2.10 Advantages to a subcontractor in a related dispute resolution 23 2.11 “Force Majeure Clause in FIDIC” 24 2.12 Force Majeure Clause Impacting the Subcontract 26 2.13 Claims through the Arbitration in Construction Contracts – Case Laws 26 3 Findings and Conclusion 30 4 Bibliography 33 Chapter 1-Introduction Each and every construction contract has a time line or date by which the contractor should finish the construction work.
A Comparative Study of International Arbitration in Arab States Abstract This research study conducts a comparative study of the arbitration laws and practices of the Arab Middle East, specifically, Saudi Arabia, Egypt and Jordan. This research is conducted using a library desk-top method in which primary and secondary data is collected.
Abstract This dissertation is an inquiry into the differences existing between international commercial arbitration and arbitration pursuant to Sharia law as it is practiced in the Kingdom of Saudi Arabia. The substantial and procedural disparities between the two have in the past constrained the participation of Islamic countries in the global economy, limiting their potential for speedier progress and conversely creating barriers in trade and exchange between them and other countries.
The advancement in logistical solutions in businesses over the years has exhibited the importance of an effective logistics system in a business. Effective logistics has ensured that deliveries are made in time from businesses to businesses and from businesses to clients (Kersten, Blecker & Herstatt, 2007).
As a result, TPL business is growing in content, adding to interest in supply chains. Industries get competitive edge from the integration of logistics functions, thus, changing the role of TPL providers both in content and in range. New companies from other business segments are making their entry to compete with traditional logistics and stock keeping firms (Hertz & Alfredsson, 2003).
of Companies Doctrine 24 3.2.2 The Theory of Estoppel 29 3.2.3 The Theory of Alter Ego 37 3.3 Distinction Between Non-Signatory Issue and the Joinder and Consolidation Issues 39 3.4 Is it the Same Terms for Extending an Arbitration Clause to Non-Signatory Companies and States 42 Chapter Four: MULTI PARTY ARBITRATION IN DIFFERENT VIEWS 44 4.1 Multi Party Arbitration Under French Law 48 4.2 Multi Party Arbitration Under English Law 49 4.3 Multi Party Arbitration Under ICC Rules 51 Chapter five: CONCLUSION 54 Chapter one: INTRODUCTION Globalization has become the norm in most industries, necessitating the execution of contracts that bind parties in economic and financial obligations upon which t
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