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.
About the Author
Dr Stavros L. Brekoulakis is an attorney-at-law and a lecturer in International Dispute Resolution at the School of International Arbitration, Queen Mary University of London. He studied law at Athens and London and obtained an LLB from Athens, his LLM from King's College London, and his PhD degree from Queen Mary University of London. He lectures on International and Comparative Commercial Arbitration, Construction Arbitration, Conflict of Laws and International Commercial Litigation. He also convenes a module on arbitration advocacy and lectures on legislative drafting and arbitration. His research output includes books and articles in leading legal journals.
Brekoulakis also works and advises on dispute resolution matters. His legal expertise focuses on arbitration in the context of international business transactions, affecting construction projects, shipping and insurance contracts, international trade, investments, trading agreements with developing countries, Eastern Europe and EC law.
Table of Contents
I: Legal Bases for Third-Party Claims
I: Traditional Theories of Contract and Corporate Law, Terms in Arbitration Clauses, Rules and Laws
2: Third-Party Claims Pursuant to Traditional Theories of Contract and Corporate Law
3: Further Legal Bases for Third-Party Claims: Arbitration Agreements, and Arbitration Rules and Laws
II: Legal Bases for Third-Party Claims
II: Implied Consent and Non-Signatory Theories
4: The Doctrine of Arbitral Estoppel
5: The Doctrine of Group of Companies
6: Critique on the 'Non-signatory Theories' and the Contractual Approach to Third Parties
III: A Jurisdictional Approach to the Discussion on Arbitration and Third Parties
7: Why and under what Conditions Tribunals Can Assume Jurisdiction Over a Third-Party Claim
8: When a Tribunal Should Assume Jurisdiction Over a Third-Party Claim
IV: Arbitral Awards and Third Parties
9: The Legal Effects of Arbitral Awards
10: The Suggested Third-Party effect of Arbitral Awards
11: Special Issues on the Effect of Arbitral AwardsConclusion to Part
IV12: Summary of Findings
I. Parties and Arbitration Agreements:
1. Parties to Arbitration Agreements
2. Arbitration and Procecural Multiparty Mechanisms
3. Affected Third Parties
Conclusions of Part I
II. The Contractual Approach and New Non-Signatory Theories
4. The Doctrine of Equitable Estoppel in Arbitration
5. The Doctrine of Group of Companies
6. Critique on the 'Non-Signatory Theories' and the Contractual Approach to Third Parties
III. A Jurisdictional Approach to The Discussion on Arbitratioin and Third Parties
7. Why and Under Which Conditions Tribunals Can Assume Jurisdiction Over a Third-Party Claim
8. When Should a Tribunal Assume Jurisdiction Over a Third-Party Claim and Other
IV. Arbitral Awards and Third Parties
9. The Legal Effects of Arbitral Awards
10. Content and Characteristics of the Suggested Third-Party Arbitral Effect
11. Special Issues on the Effect of Arbitral Awards