Multiple Party Actions in International Arbitration: Consent, Procedure and Enforcement

Hardcover | February 8, 2009

EditorBelinda Macmahon

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This publication from the International Bureau of the Permanent Court of Arbitration (PCA) presents a collection of studies on the key issues found in complex international commercial and investment disputes. Renowned authors from Europe and North America consider issues from perspectivesemanating from both the Anglo-American and Continental European legal systems. The authors consider international multiparty arbitration and its attendant problems from both a conceptual and practical perspective, beginning with the overarching legal problems of determining the proper parties to the arbitration and the ambit of contractual consent. Topics which arecomprehensively examined include: Joinder of parties and consolidation of arbitral proceedings; the challenges of administration of multiparty arbitrations; investment arbitration involving multiple parties and multiparty issues in investor-state arbitration; classwide arbitration and arbitratingmass investor claims; lessons that can be learnt from mass claims processes; and enforcement issues. The book also includes a practitioner-oriented discussion of multiparty arbitration in the construction industry.

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This publication from the International Bureau of the Permanent Court of Arbitration (PCA) presents a collection of studies on the key issues found in complex international commercial and investment disputes. Renowned authors from Europe and North America consider issues from perspectivesemanating from both the Anglo-American and Conti...

The International Bureau of the Permanent Court of Arbitration (PCA) is an independent intergovernmental organization that was established by the 1899 Convention for the Pacific Settlement of International Disputes, concluded at The Hague during the first Hague Peace Conference. The PCA is housed in the Peace Palace at The Hague and a...
Format:HardcoverDimensions:440 pagesPublished:February 8, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199551723

ISBN - 13:9780199551729

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Table of Contents

ForewordTjaco van den Hout (Permanent Court of Arbitration): IntroductionW. Laurence Craig (Orrick): Defining the Problem: Who are the Proper Parties to the Arbitration?1. William W. Park (Boston University):: An Arbitrator's Dilemma: Consent, Corporate Veil and Non-Signatories2. Bernard Hanotiau (Hanotiau and Van den Berg, Brussels): Multiple Parties and Multiple Contracts in International Arbitration3. Alan Rau (University of Texas, Austin School of Law): Arbitral Jurisdiction and the Dimensions of Party "Consent"4. Timothy J. Tyler (Mayer, Brown, Rowe and Maw), Lee Kovarsky (New York University School of Law) and Rebecca K Stewart (Bechtel Corporation): Beyond Consent: Applying Alter Ego and Arbitration Doctrines to Bind Sovereign Parents5. Pierre Mayer (Universite de Paris I): Extension of the Arbitration Clause to Non-Signatories under French LawMultiparty Arbitration: The Institutional Perspective6. Anne Marie Whitesell (formerly ICC Court of Arbitration): Multiparty Arbitration: The ICC International Court of Arbitration Perspective7. Adrian Winstanley (London Court of International Arbitration): Multiparty Arbitration: The LCIA Perspective8. Jan Willem Bitter (Netherlands Arbitration Institute): Consolidation of Arbitration Proceedings in the Netherlands: The Practice and Perspective of the Netherlands Arbitration InstituteMultiple Parties and Investment Arbitration9. R. Doak Bishop (King and Spalding): Multiple Claimants in Investment Arbitration: Shareholders and Other Stakeholders10. Alexandra Koutoglidou (Aristotle University): Multiparty Investment Dispute Resolution: Who Are the Proper Parties?11. Vaughan Lowe (Oxford University): The Manifold Respondent: Multiparty Issues Involving States in Investor-State ArbitrationMass Claims and Classwide Arbitration12. Veijo Heiskanen (Lalive): Arbitrating Mass Investor Claims: Lessons of International Claims Commissions13. Erich Tuchmann (American Arbitration Association): The Administration of Class Action Arbitrations14. Richard Chernick (JAMS): Classwide Arbitration in CaliforniaEnforcement Issues15. Alexander Blumrosen (Bernard-Hertz-Bejot): The Globalization of American Class Actions: International Enforcement of Class Action Arbitral Awards16. Dominique Hascher (Cour de Cassation, Paris): Complex Arbitration: Issues in Enforcement and Annulment Actions of Arbitral Awards under French LawPractical Solutions to Multiparty Problems17. John Marrin (Keating Chambers): Multiparty Arbitration in the Construction Industry