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Books > Law > International law > Settlement of international disputes > International arbitration
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Third Parties in International Commercial Arbitration (Hardcover, New)
Loot Price: R9,980
Discovery Miles 99 800
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Third Parties in International Commercial Arbitration (Hardcover, New)
Series: Oxford International Arbitration Series
Expected to ship within 12 - 17 working days
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The role of the third party has fast become a pervasive problem in
the field of international arbitration, as parties not bound by an
arbitration agreement are seen to be excluded from the process,
even if they clearly maintain a legal or financial interest in a
dispute between other persons who are bound by an arbitration
clause. Third Parties in International Commercial Arbitration
considers the role of third parties in arbitration agreements and
proceedings and in arbitral awards and covers significant
theoretical and practical questions. These questions include: which
is the proper party in arbitration; whether a tribunal can assume
jurisdiction over claims by or against a party that is not
designated in the arbitration clause (third-party claims); whether
a party can rely on the findings of a previous arbitral award in
subsequent proceedings against a third party; and whether a third
party to an arbitral award can rely on its findings in proceedings
against a party to the award. Adopting a comparative, international
approach, third-party claims are discussed in relation to many
areas such as assignment and other forms of transfer; agency
(actual and apparent) and representation; third-party beneficiary;
incorporation by reference; corporations and partnerships; in
guarantees and other security agreements; construction contracts
and string contracts; arbitral estoppel; group of companies and
alter ego; implied consent and consent by conduct; name-borrowing;
third parties claiming through or under an arbitration clause or
several compatible arbitration clauses. The book also discusses
issues about arbitral effect (res judicata and issue estoppel) and
third parties. In Third Parties in International Commercial
Arbitration Brekoulakis consolidates the discussion on issues where
reasonable agreement among scholars and tribunals exists, but at
the same time proceeds to identify those areas that require further
convergence. He examines and classifies all the existing theories
and legal bases on third-party claims in clearly defined groups and
puts forward a new systematic approach to the discussion to be used
as an alternative to the existing theories.
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