Multiparty Arbitration - Dossier VII of the ICC Institute of World Business Law - Couverture souple

Publication, Icc

Couverture souple

ISBN 10 : 9284200830 ISBN 13 : 9789284200832

Editeur : ICC Publishing S.A., 2010

Synopsis

In today’s interdependent world, commercial transactions tend to be more and more complex, often involving multinational companies. Therefore, the disputes that may arise are often connected with multiple contracts and several parties. In these cases, the question arises whether an arbitration clause can be extended to non-signatories.

If separate arbitration proceedings need to be started, can these different proceedings be consolidated and under what conditions? How does one handle these complex or parallel proceedings in the interests of the best administration of justice? Published under the auspices of the ICC Institute of World Business Law, “Multiparty Arbitration” seeks to encourage reflection on these questions and many others recurrent in complex multiparty, multi-contract arbitrations.

Issues covered in this publication are:

• Multiple parties and multiple contracts: divergent or comparable issues?
• The limits of consent: the right or obligation to arbitrate of non-signatories in groups of companies
• Consolidation, joinder and cross-claims: multi-party and multi-contract arbitration

Plus much more.

A propos du livre

Présentation de l'éditeur

One third of ICC international arbitrations involve complex multiparty - multi-contract issues. Given the increasing number and complexity of commercial transactions, more and more international arbitrations involve disputes arising from, or connected with, more than one contract and more than two parties. Such disputes involve many complex issues relating in particular to jurisdiction and merits: May an arbitration clause be extended to non-signatory party or parties? To what extent can one bring to a single arbitration proceeding the various parties who have participated in a single economic transaction through several contracts? If separate arbitration proceedings need to be started, can they be consolidated and under what conditions? Can a respondent join another party or parties, be they privy to the arbitration agreement or third parties? Can a respondent in the arbitration proceedings bring a claim against another respondent? What are the consequences of the answers to the above questions and other for the enforceability of the award? Is class wide arbitration possible and desirable? How does it work? Dossier VII of the ICC Institute, Multiparty Arbitration, seeks to issues and many others recurrent in complex multiparty - multi-contracts arbitrations. The contributors to this Dossier include: Gerald Aksen Christian Albanesi Sébastien Besson Stephen R. Bond Kristof Cox Yves Derains José Ricardo Feris Simon Greenberg Fernando Mantilla Serrano Pierre Mayer Georgios Petrochilos S.I Strong John M. Townsend Karim Youssef This Dossier VII, Multiparty Arbitration, is published under the auspies of the ICC Institute of World Business Law, chaired by Serge Lazareff, distinguished Member of the Paris Bar. With this publication, the ICC Institute of World Business Law fulfils its dual mission: training and acting as a think-tank for the International Chamber of Commerce particularly in the field of arbitration. The International Chamber of Commerce, the World Business Organization, based in Paris, is the global leader in the development of standards, rules and reference guides for international trade.

Biographie de l'auteur

Bernard Hanotiau Professor; Partner, Hanotiau & Van den Berg, Belgium; Council Member, ICC Institute of World Business Law; Council Member, ICCA Bernard Hanotiau is a member of the Brussels and Paris bars. In 2001, he established in Brussels a boutique law firm concentrating on international arbitration and litigation. He is also a professor at the Law School of Louvain University where he teaches international arbitration. Mr Hanotiau has a PhD from Louvain University and an LLM from Columbia University (1973).Since 1978, Bernard Hanotiau has been actively involved in international commercial arbitration as party-appointed arbitrator, chairman, sole arbitrator, counsel and expert in various parts of the world. He is a member of ICCA, the ICC International Arbitration Commission and a Council Member of the ICC Institute. He is also Vice-President of CEPANI and of the Institute of Transnational Arbitration (Dallas). He has written a major treatise on complex arbitrations (Complex Arbitrations: Multiparty, Multicontract, Multi-issues and Class Actions, Kluwer, 2006). Eric A. Schwartz Partner, King & Spalding, France; Former Secretary General, ICC International Court of Arbitration; Council Member, ICC Institute of World Business Law Eric Schwartz is a partner in King & Spaldings Paris office and a member of the International Arbitration Practice Group. He is a former Secretary General of the ICC International Court of Arbitration. Over the last 30 years, he has acted on behalf of some of the world's largest companies, public authorities and sovereign states in international arbitration proceedings in all of the principal European arbitration venues, as well as in Asia and the U.S. He is the co-author (with Yves Derains) of A Guide to the ICC Rules of Arbitration and is presently a member of the ICC Court as well as being a Council Member of the ICC Institute of World Business Law.

Détails de l'édition

• Éditeur: ICC Publishing S.A.
• Date d'édition: 2010
• ISBN 10: 9284200830
• ISBN 13: 9789284200832
• Reliure: Broché
• Langue: anglais
• Nombre de pages: 272
• Coordonnées du fabricant: non disponible