Third Parties in International Commercial Arbitration

Adopting a comparative, international approach, Third Parties in International Commercial Arbitration is predominantly concerned with the impact of arbitration proceedings and arbitral awards upon third parties. The role of the third party has fast become a pervasive problem in the field of international arbitration, as parties not bound by an arbitral agreement are seen to be excluded from the process, even if they clearly maintain a legal or financial interest in a dispute between those persons who are bound by an agreement. Brekoulakis tests the consensual boundaries of arbitration, considering whether it is possible for arbitration to impact upon persons that are neither contractual parties to an arbitral agreement, nor parties to the proceedings themselves. Particular emphasis is placed upon commercial contracts such as construction, which involve multiple parties or groups of companies. Third Parties in International Commercial Arbitration proceeds to examine those theories relied upon by courts and arbitral tribunals in order to determine the parties to an arbitral agreement, and in its course questions whether third-party mechanisms such as joinder, intervention or class-actions can or should be applied to arbitration proceedings. Ultimately, this book not only offers comprehensive coverage of existing materials and case law, but goes so far as to suggest new approaches to an area of arbitration that is still largely undetermined.

Dr Stavros L. Brekoulakis is an attorney-at-law and a lecturer in International Dispute Resolution at the School of International Arbitration, Queen Mary University of London. He studied law at Athens and London and obtained an LLB from Athens, his LLM from King's College London, and his PhD degree from Queen Mary University of London. He lectures on International and Comparative Commercial Arbitration, Construction Arbitration, Conflict of Laws and International Commercial Litigation. He also convenes a module on arbitration advocacy and lectures on legislative drafting and arbitration. His research output includes books and articles in leading legal journals.

Brekoulakis also works and advises on dispute resolution matters. His legal expertise focuses on arbitration in the context of international business transactions, affecting construction projects, shipping and insurance contracts, international trade, investments, trading agreements with developing countries, Eastern Europe and EC law.

1. Introduction
I: Legal Bases for Third-Party Claims
I: Traditional Theories of Contract and Corporate Law, Terms in Arbitration Clauses, Rules and Laws
2: Third-Party Claims Pursuant to Traditional Theories of Contract and Corporate Law
3: Further Legal Bases for Third-Party Claims: Arbitration Agreements, and Arbitration Rules and Laws
II: Legal Bases for Third-Party Claims
II: Implied Consent and Non-Signatory Theories
4: The Doctrine of Arbitral Estoppel
5: The Doctrine of Group of Companies
6: Critique on the 'Non-signatory Theories' and the Contractual Approach to Third Parties
III: A Jurisdictional Approach to the Discussion on Arbitration and Third Parties
7: Why and under what Conditions Tribunals Can Assume Jurisdiction Over a Third-Party Claim
8: When a Tribunal Should Assume Jurisdiction Over a Third-Party Claim
IV: Arbitral Awards and Third Parties
9: The Legal Effects of Arbitral Awards
10: The Suggested Third-Party effect of Arbitral Awards
11: Special Issues on the Effect of Arbitral AwardsConclusion to Part
IV12: Summary of Findings
Introduction
I. Parties and Arbitration Agreements:
1. Parties to Arbitration Agreements
2. Arbitration and Procecural Multiparty Mechanisms
3. Affected Third Parties
Conclusions of Part I
II. The Contractual Approach and New Non-Signatory Theories
4. The Doctrine of Equitable Estoppel in Arbitration
5. The Doctrine of Group of Companies
6. Critique on the 'Non-Signatory Theories' and the Contractual Approach to Third Parties
III. A Jurisdictional Approach to The Discussion on Arbitratioin and Third Parties
7. Why and Under Which Conditions Tribunals Can Assume Jurisdiction Over a Third-Party Claim
8. When Should a Tribunal Assume Jurisdiction Over a Third-Party Claim and Other
IV. Arbitral Awards and Third Parties
9. The Legal Effects of Arbitral Awards
10. Content and Characteristics of the Suggested Third-Party Arbitral Effect
11. Special Issues on the Effect of Arbitral Awards
Conclusion