Parties and Affected Others: Signatories and Nonsignatories to International Arbitration Agreements

Abstract

This chapter discusses the parties to international arbitration agreements. Part I addresses the treatment of ‘parties’ in the New York Convention and national arbitration laws governing international commercial arbitration, and the ICSID Convention governing (many) investor-State arbitrations. Part II examines the theories under which affected others — that is, nonsignatories to an international arbitration agreement — might nonetheless be bound, likewise first in international commercial arbitration and then in investor-State arbitration. Finally, Part III discusses the available empirical evidence on the parties to international commercial arbitration and investor-State arbitration proceedings.

Keywords: International Arbitration, Dispute Resolution

JEL Classification: K12, K33, K40