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Arbitration of International Business Disputes - Studies in Law and Practice, 2nd Edition by Park, William W. (20th September 2012)

Part II Legal Framework: Courts, Statutes and Treaties, A Arbitral Jurisdiction, 6 Non-Signatories and International Contracts

From: Arbitration of International Business Disputes: Studies in Law and Practice (2nd Edition)

William W. Park

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 19 November 2019

Like consummated romance, arbitration rests on consent. 1 An agreement of some sort waives each side’s right to invoke the jurisdiction of otherwise competent courts. 2 Nevertheless, arbitrators do hear cases involving entities and individuals that never signed an arbitration clause. Continental scholars sometimes refer to “extending” the arbitration clause. Lawyers in Anglo-American traditions tend to speak of “joining non-signatories”. 3 Few expressions accurately capture what happens when arbitrators hear claims by or against a person that never signed the...
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