ICC Dossiers Volume 7
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 others 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 encourage reflection on these 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
The ICC Institute of World Business Law brings together the finest legal minds to strengthen links between international business practitioners and the legal profession. The Institute’s ‘Dossiers’ is a series that has gained international prestige. These Dossiers are the outcome of the Institute’s annual meetings, where experts from around the globe come together to discuss salient issues of international commercial law and arbitration.
An ICC Services publication, distributed by Kluwer Law International.
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FOREWORD by Serge Lazareff
Multiparty Arbitration by Bernard Hanotiau, co-editor
1 Fernando Mantilla-Serrano Multiple parties and multiple contracts: divergent or comparable issues?
2. Stephen R. Bond Dépeçage or consolidation of the disputes resulting from connected agreements: the role of the arbitrator
3. Kristof Cox Dépeçage or consolidation of the disputes resulting from connected agreements: the role of the judge
4. Karim Youssef The limits of consent: the right or obligation to arbitrate of non-signatories in groups of companies
5. John M. Townsend Extending an arbitration clauses to a non-signatory claimant or a non-signatory defendant. does it make a difference?
6. Georgios Petrochilos The extention of the arbitration clauses to a non-signatory state or state entities: Does it raise different issues?
7. Yves Derains Is there a group of companies doctrine?
8. Sébastien Besson Piercing the corporate veil: back on the right track
9. Simon Greenberg, José Ricardo Feris and Christian Albanesi Consolidation, joinder and cross-claims: multi-party and multi-contract arbitration-recent ICC experience
10. S.I Strong Class arbitration outside the United States: reading the tea leaves
11. Gerard Asken Class actions in arbitration and enforcement issues: an arbitrator’s point of view
12. Pierre Mayer The effects of awards rendered in multiparty-multicontract situations
CONCLUDING REMARKS by Eric A. schwartz, Co-Editor
ICC AT A GLANCE