Third-Party Effects of Arbitral Awards

Released on by Maximilian Pika
preview-18

  • Third-Party Effects of Arbitral Awards Book Detail

  • Author : Maximilian Pika
  • Release Date : 2019-07-11
  • Publisher : Kluwer Law International B.V.
  • Genre : Law
  • Pages : 700
  • ISBN 13 : 9403512652
  • File Size : 89,89 MB
DOWNLOAD BOOK

Third-Party Effects of Arbitral Awards by Maximilian Pika PDF Summary

Book Description: The specialization and financial demand of global business render international transactions inherently multilateral and thus best effected through arbitration agreements. However, it often happens that – for various reasons, such as a debtor’s failure to pay damages ordered by an arbitral tribunal – third parties who did not consent to the original arbitration enter the scene. This is the first book to examine the binding effects of international commercial arbitral awards in follow-up disputes against third parties. It comprehensively analyses arbitral awards’ third-party effects under national arbitration laws, the New York Convention and private international law. Moreover, it proposes solutions under transnational law before both courts and arbitral tribunals. Applying a continuously comparative methodology that refers to specific statutory, jurisprudential and scholarly sources, this book explores the nature and implications of such aspects of third-party involvement as the following: the foundations of the doctrine of res judicata and its intrinsic connection to other tools of forum coordination; the distinction between res judicata before courts on the one hand and arbitral tribunals on the other; the application of non-mutual preclusion in favour of third parties; the potential for arbitral awards to constitute a fact in follow-up disputes; a comparison of rules and uncertainties on awards’ third-party effects under various national arbitration acts; preclusion agreements; the arbitration agreement’s scope; and judgments’ third-party effects as a shift of the participatory burden. For civil law, the author focuses on France and Switzerland (as predominant arbitral seats) and on Germany (as a Model Law example). Among common-law countries, he concentrates on England and Wales and on the United States. Statutory sources (with specific wording), leading cases and summaries of the most important scholarly discussions are all invoked. With its clear guidelines for matters currently not addressed in previous publications and likely to be raised in specific cases, this book will prove to be of immeasurable value for arbitration practitioners and academics in any jurisdiction. Business parties that seek to prevent contradicting decisions in multilateral transactions will appreciate the practically feasible alternatives it presents in the event of follow-up disputes involving third parties.

Disclaimer: www.yourbookbest.com does not own Third-Party Effects of Arbitral Awards books pdf, neither created or scanned. We just provide the link that is already available on the internet, public domain and in Google Drive. If any way it violates the law or has any issues, then kindly mail us via contact us page to request the removal of the link.

Third-Party Effects of Arbitral Awards

Third-Party Effects of Arbitral Awards

File Size : 46,46 MB
Total View : 3456 Views
DOWNLOAD

The specialization and financial demand of global business render international transactions inherently multilateral and thus best effected through arbitration

Complex Arbitrations

Complex Arbitrations

File Size : 97,97 MB
Total View : 6523 Views
DOWNLOAD

Provides an analysis of the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. This work analy