Extension of Arbitration Clauses over Non-signatories
Extension of Arbitration Clauses over Non-signatories

Author(s): Slavomir Halla
Subject(s): Civil Law, International Law, Commercial Law, Court case
Published by: Masarykova univerzita nakladatelství
Keywords: Arbitration Agreement; Assignment; Consent; Estoppel; Extension; Group of Companies; Piercing of the Corporate Veil;
Summary/Abstract: Consent, the final frontier. International commercial arbitration is deemed to be a dispute resolution mechanism embedded in consent of the parties involved. Presentation of such a mutual understanding is done through an arbitration agreement. Therefore, it is often quoted that the arbitration is a creature of such a contract. However, the aim of this paper is to analyse whether its contractual, indeed consensual, nature is the only element which the courts use to identify the subjects who may compel or must be compelled to arbitrate disputes, or whether they employ other considerations as well.

• Details
• Contents