Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions, 2nd Edition

Author: Bernard Hanotiau
Publisher: Kluwer Law International
ISBN: 9789403512617

Previous Edition ISBN: 904112442X
Published In: July 2020
Format: Hardback , 392 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Complex Arbitrations: Multi-party, Multi-contract and Multi-issue is a fully updated and renewed second edition of the far-sighted 2006 guide that was extensively used and much appreciated worldwide. Arbitrations which involve two or more parties and complex multi-party issues are becoming very common and frequent year by year. This one-stop guide provides a comprehensive and unique in-depth analysis of the multiplicity of issues arising from multi-party and multi-contract arbitration. It includes the decisions of several hundreds of courts from all major arbitral jurisdictions in the world and ad hoc and institutional awards – published and unpublished – rendered in all parts of the world under the auspices of all leading institutions.

What’s in this book:

The theories based on which an arbitration clause may be “extended” to non-signatories, issues arising from groups of contracts, joinder of parties and consolidation of arbitration proceedings, enforcement of such awards and their res judicata effects are analysed in this book. The analysis highlights the following factors and issues:

theories based on which various courts and tribunals determine who are parties to the arbitration clause and whether a non-signatory may be part of the proceedings;
to what extent one can bring to a single arbitration proceeding the various parties who have participated in an economic transaction through several contracts;
reasoning to follow when it comes to deciding whether another company of the same group can be joined to the arbitration;
whether a party to a complex contractual structure can intervene voluntarily in the proceedings;
under what conditions arbitrations may be consolidated;
to what extent res judicata applies when a second arbitration is initiated between the same parties on different legal grounds;
how and to what extent one can overcome the inconveniences arising from having several parallel proceedings; and
enforcement of multi-party and multi-contract awards.

The book also contains appendices specifying multi-party and multi-contract arbitration clauses, provisions of international conventions and relevant national legislative and institutional rules.

How this will help you:

This second edition will give an unlimited access to lawyers and corporate counsel to an expanded volume of arbitral awards and cases from many more jurisdictions, updates on new legislation and rules, and newly researched jurisprudence. This book will be of immense help in solving the increasingly complex procedural issues confronting them in dealing with multi-party and multi-contract disputes. It will also prove to be invaluable to law professors and students of dispute resolution.

Acknowledgements for the First Edition

Acknowledgements for the Second Edition

Introduction

CHAPTER 1
Who Are the Parties to the Contract(s) or to the Arbitration Clause(s) Contained Therein? The Theories Applied by Courts and Arbitral
Tribunals

CHAPTER 2
May an Arbitration Clause Be Extended to Non-signatories: Individuals, States or Other Companies of the Group?

CHAPTER 3
The Possibility of Bringing Together in One Single Proceeding all the Parties Who Have Participated in the Performance of One Economic
Transaction Through Interrelated Contracts

CHAPTER 4
Joinder of Parties and Joinder of Claims: Voluntary and Compelled Intervention of Third Parties, Cross-Claims and Consolidation

CHAPTER 5
Setting in Motion of Arbitral Proceedings and Appointment of Arbitrators

CHAPTER 6
Arbitration Proceedings

CHAPTER 7
Enforcement of the Arbitral Award

CHAPTER 8
The Res Judicata Effect of an Award Rendered in a Connected Arbitration Arising from the Same Project

APPENDIX 1
A Selection of Provisions on Multiparty Arbitration in International Conventions, National Legislations and Institutional Rules

APPENDIX 2
A Selection of Multiparty-Multicontract Arbitration Clauses

APPENDIX 3
The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

Bibliography

Table of Cases

Subject Index