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

Edited by: Permanent Court of Arbitration

ISBN13: 9780199551729
Published: January 2009
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £202.50



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This publication from the International Bureau of the Permanent Court of Arbitration (PCA) presents a collection of studies from a group of distinguished academics, jurists and practitioners widely regarded as experts in the field.

The book addresses a niche and developing area of international arbitration, including the more recent developments of investment arbitration and classwide arbitration. This book, comprising papers written by renowned experts from Europe and North America, deals with the key issues found in complex international commercial and investment disputes involving more than two parties.

  • The PCA is a long-standing legal institution and a respected editor of a seven-volume series on issues of international law.
  • Brings together a group of distinguished academics, jurists and practitioners widely regarded as experts in the field.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
Defining the Problem: Who are the Proper Parties to the Arbitration?
1. An Arbitrator's Dilemma: Consent, Corporate Veil and Non-Signatories William W. Park (Boston University)
2. Multiple Parties and Multiple Contracts in International Arbitration Bernard Hanotiau (Hanotiau & Van den Berg, Brussels)
3. Arbitral Jurisdiction and the Dimensions of Party "Consent" Alan Rau (Burg Family Professor of Law, University of Texas at Austin School of Law)
4. Beyond Consent: Applying Alter Ego and Arbitration Doctrines to Bind Sovereign Parents Timothy J. Tyler (Mayer, Brown, Rowe & Maw LLP, Texas), Lee Kovarsky & Rebecca Stewart
5. Extension of the Arbitration Clause to Non-Signatories under French Law Pierre Mayer (Professor of Law, Universite de Paris I)
Multiparty Arbitration: The Institutional Perspective
6. Multiparty Arbitration: The ICC International Court of Arbitration Perspective Anne Marie Whitesell (International Chamber of Commerce Court of Arbitration (ICC), Paris)
7. Multiparty Arbitration: The LCIA Perspective Adrian Winstanley (London Court of International Arbitration)
8. Consolidation of Arbitration Proceedings in the Netherlands: The Practice and Perspective of the Netherlands Arbitration Institute Jan Willem Bitter (Netherlands Arbitration Institute)
9. Multiple Claimants in Investment Arbitration: Shareholders and Other Stakeholders R. Doak Bishop (King & Spalding LLP, Texas)
10. Multiparty Investment Dispute Resolution: Who Are the Proper Parties? Alexandra Koutoglidou (Aristotle University)
11. The Manifold Respondent: Multiparty Issues Involving States in Investor-State Arbitration Vaughan Lowe (Oxford University)
12. Transparency and Third Party Intervention in International Investment Law Margrete Stevens (King & Spalding LLP, Washington DC)
Mass Claims and Classwide Arbitration
13. Arbitrating Mass Investor Claims: Lessons of International Claims Commissions Veijo Heiskanen (Lalive, Geneva)
14. The Administration of Class Action Arbitrations Erich Tuchmann (AAA, New York)
15. Classwide Arbitration in California Richard Chernick (JAMS, Los Angeles)
Enforcement Issues
16. The Globalization of American Class Actions: International Enforcement of Class Action Arbitral Awards Alexander Blumrosen (Bernard-Hertz-Bejot, Paris)
17. Complex Arbitration: Issues in Enforcement and Annulment Actions of Arbitral Awards under French Law H.H. Judge Dominique Hascher (La Cour de Cassation, Paris)
Practical Solutions to Multiparty Problems
18. Multiparty Arbitration in the Construction Industry John Marrin QC (Keating Chambers, London)