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

Cambridge Compendium on International Commercial and Investment Arbitration (Forthcoming)

23 Pages Posted: 27 Feb 2018

Date Written: September 12, 2017

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

Suggested Citation

Drahozal, Christopher R., Parties and Affected Others: Signatories and Nonsignatories to International Arbitration Agreements (September 12, 2017). Cambridge Compendium on International Commercial and Investment Arbitration (Forthcoming), Available at SSRN: https://ssrn.com/abstract=3125546

Christopher R. Drahozal (Contact Author)

University of Kansas School of Law ( email )

Green Hall
1535 W. 15th Street
Lawrence, KS 66045-7577
United States
785-864-9239 (Phone)
785-864-5054 (Fax)

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