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In today’s interdependent world, commercial transactions tend to be more and more complex, often involving multinational companies. Therefore, the disputes that may arise are often connected with multiple contracts and several parties. In these cases, the question arises whether an arbitration clause can be extended to non-signatories.
If separate arbitration proceedings need to be started, can these different proceedings be consolidated and under what conditions? How does one handle these complex or parallel proceedings in the interests of the best administration of justice? Published under the auspices of the ICC Institute of World Business Law, “Multiparty Arbitration” seeks to encourage reflection on these questions and many others recurrent in complex multiparty, multi-contract arbitrations. Issues covered in this publication are:
- Multiple parties and multiple contracts: divergent or comparable issues?
- The limits of consent: the right or obligation to arbitrate of non-signatories in groups of companies
- Consolidation, joinder and cross-claims: multi-party and multi-contract arbitration Plus much more.
|Code ISBN :||978-92-842-0261-4|
|Number of pages :||272|
|Publishing date :||2010|
|Format in cm :||16*24|
FOREWORD by Serge Lazareff
INTRODUCTION: 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
Gerald Aksen Independent Arbitrator, New York City, United States; Council Member, ICC Institute of World Business Law Gerald Aksen has been a full time independent arbitrator since 2003. He was previously the partner in charge of international arbitration at the firm of Thelen Reid & Priest (now dissolved) in New York.
He is a former Vice Chairman of the ICC International Court of Arbitration and General Counsel of the American Arbitration Association.
He is a co-founder and former president of the College of Commercial Arbitrators (USA). He holds a JD degree from New York University School of Law where he taught the course on international arbitration as an adjunct professor of law for thirty years. His wide background in the arbitral field includes four different perspectives, having served as an academic (NYU), administrator (AAA), attorney and arbitrator in numerous international arbitrations.
He is a member of the New York Bar and was Chairman of the Section of International Law of the American Bar Association. He is the 2005 recipient of the ABA Dispute Resolution Section’s D’Alemberte/Raven Award and is consistently ranked as one of New York’s notable international arbitrators, up to an including in Chambers Global Arbitration Review 2009. Christian Albanesi Deputy Counsel, ICC International Court of Arbitration, Paris Christian Albanesi is Deputy Counsel in the Ibero- American team of the Secretariat of the ICC International Court of Arbitration. He was previously an associate at Marval, O’Farrell & Marial in Buenos Aires, Argentina. He was admitted to the Buenos Aires Bar in 2002. He is a former scholar of the Ministry of Education of the Russian Federation.
He holds a degree in Law from the University of Buenos Aires, where he also taught law, and a LLM in French and European Law from the University Paris I Panthéon-Sorbonne. Sébastien Besson Partner, Python & Peter, Switzerland Sébastien Besson is a partner at Python & Peter, Geneva. He represents companies before arbitral tribunals and state courts in commercial disputes, and serves as arbitrator. He has acted as chairman, party-appointed arbitrator, sole arbitrator, counsel or legal expert in numerous international arbitrations under a variety of arbitration rules, and in different jurisdictions. Mr Besson has published extensively on arbitration. Notably he has co-authored with Professor Jean-François Poudret the well-known treatise Comparative Law of International Arbitration (Sweet & Maxwell, London, 2007).
He also teaches several courses on arbitration and settlement of commercial disputes at the University of Geneva and as part of the Geneva Master in International Dispute Settlement Program. He was educated at Lausanne University, where he received his Doctorate in Law, and at Columbia University (New York), from which he holds an LL.M. Stephen R. Bond Senior of Counsel, Covington & Burling LLP, United Kingdom; Former Secretary General, ICC International Court of Arbitration, Paris; Associate Member, ICC Institute of World Business Law Stephen R. Bond is Senior of Counsel in the law firm Covington & Burling LLP in London. He was the US Member of the ICC International Court of Arbitration for the period 1994-1999 and Vice Chairman of the ICC Working Group that produced the 1998 ICC Rules. Prior to joining Covington & Burling, he was co-head of the White & Case LLP International Arbitration Practice Group and a resident partner in the Paris office of White & Case from 1991 to 2008. He was Secretary General of the ICC International Court of Arbitration from 1985- 1991. He has served as counsel or arbitrator in numerous international arbitrations under the arbitration rules of the ICC and various other arbitration institutions and ad hoc rules.
These arbitrations relate principally to disputes in the natural resources, construction, defense and international joint venture, sales and distribution fields and involve the application of various civil and common law legal systems and international public law. He is on the panel of arbitrators of numerous arbitral institutions and is a frequent writer and speaker on arbitration issues.
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