Party Crashers: Issues in Identifying Parties and Others Bound by Arbitration Agreements

The determination of the law governing arbitration agreements has been the subject of recent close attention. The relationship of third parties to arbitration agreements is sensitive to an increasingly unwieldly array of factors, including the subject matter of a dispute, the nature of the purported...

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Main Authors: Allison, Simon, Dharmananda SC, Kanaga
Format: Journal Article
Published: Oxford University Press 2022
Online Access:http://hdl.handle.net/20.500.11937/91601
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author Allison, Simon
Dharmananda SC, Kanaga
author_facet Allison, Simon
Dharmananda SC, Kanaga
author_sort Allison, Simon
building Curtin Institutional Repository
collection Online Access
description The determination of the law governing arbitration agreements has been the subject of recent close attention. The relationship of third parties to arbitration agreements is sensitive to an increasingly unwieldly array of factors, including the subject matter of a dispute, the nature of the purported basis for the transfer of an arbitration agreement, and the wording of the original instrument containing the arbitration clause. A rising question is whether third parties are to be considered parties or non-parties otherwise bound by arbitration agreements. In addition, there is an issue of timing: when are the arbitration agreements or relevant awards to be impugned, and does the third-party issue pertain to the validity or just the scope of an arbitration agreement. This article seeks to address these issues.
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spelling curtin-20.500.11937-916012023-07-27T07:41:12Z Party Crashers: Issues in Identifying Parties and Others Bound by Arbitration Agreements Allison, Simon Dharmananda SC, Kanaga The determination of the law governing arbitration agreements has been the subject of recent close attention. The relationship of third parties to arbitration agreements is sensitive to an increasingly unwieldly array of factors, including the subject matter of a dispute, the nature of the purported basis for the transfer of an arbitration agreement, and the wording of the original instrument containing the arbitration clause. A rising question is whether third parties are to be considered parties or non-parties otherwise bound by arbitration agreements. In addition, there is an issue of timing: when are the arbitration agreements or relevant awards to be impugned, and does the third-party issue pertain to the validity or just the scope of an arbitration agreement. This article seeks to address these issues. 2022 Journal Article http://hdl.handle.net/20.500.11937/91601 10.1093/arbint/aiac008 Oxford University Press fulltext
spellingShingle Allison, Simon
Dharmananda SC, Kanaga
Party Crashers: Issues in Identifying Parties and Others Bound by Arbitration Agreements
title Party Crashers: Issues in Identifying Parties and Others Bound by Arbitration Agreements
title_full Party Crashers: Issues in Identifying Parties and Others Bound by Arbitration Agreements
title_fullStr Party Crashers: Issues in Identifying Parties and Others Bound by Arbitration Agreements
title_full_unstemmed Party Crashers: Issues in Identifying Parties and Others Bound by Arbitration Agreements
title_short Party Crashers: Issues in Identifying Parties and Others Bound by Arbitration Agreements
title_sort party crashers: issues in identifying parties and others bound by arbitration agreements
url http://hdl.handle.net/20.500.11937/91601