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Complex Arbitrations - Multiparty, Multicontract, Multi-issue and Class Actions (Hardcover)
Loot Price: R8,236
Discovery Miles 82 360
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Complex Arbitrations - Multiparty, Multicontract, Multi-issue and Class Actions (Hardcover)
Series: International Arbitration Law Library Series Set
Expected to ship within 12 - 17 working days
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Total price: R8,256
Discovery Miles: 82 560
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Arbitrations involving more than two parties and complex
multicontractual issues represent more than one third of
international arbitration cases, and this proportion increases
every year. The difficult and specific issues raised by such
arbitrations have been the object of abundant case law, derived
from both arbitral tribunals and national courts, as well as
doctrinal writings. 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: theories on the basis of
which courts and arbitral tribunals determine who are parties to
the arbitration clause; whether an arbitration clause may be
extended to non-signatories; to what extent one can bring to a
single arbitration proceeding the various parties who have
participated in a single economic transaction through several
contracts; whether a respondent can join other defendants to the
arbitration, be they privy to the arbitration agreement or third
parties; whether a party to a complex contractual structure can
intervene voluntarily in the proceedings; and under what conditions
separate arbitration proceedings may be consolidated. It also
analyses: how and to what extent one can overcome the
inconveniences that arise from having several parallel proceedings;
appointment of arbitrators when the various parties to the dispute
have divergent interests; res judicata, and in particular whether
an arbitral tribunal should take into consideration an arbitral
award rendered in a connected arbitration arising from the same
project; and enforcement of multiparty-multicontract awards. The
author proposes concrete solutions to these problems, and also
offers the first analysis of the special issues raised by the
latest development in international arbitration, class actions.
Features of particular value to the practitioner include in-depth
analysis of more than a hundred and twenty ad hoc and institutional
awards rendered under the auspices of the ICC and other
institutions; analysis of relevant national case law based on
nearly 200 court decisions from the United States, France,
Switzerland, England, Australia, Canada, Belgium and other
countries; and appendices specifying multiparty-multicontract
arbitration clauses, provisions of international conventions,
national legislations and institutional rules, and institutional
rules on class arbitrations. Corporate counsel, international
arbitrators, and lawyers having to deal with
multiparty-multicontract disputes will find this book of
immeasurable value in their day-to-day work. Law professors and
students of dispute resolution have here a unique consideration of
an increasingly salient aspect of current international practice.
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