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...
| Main Authors: | , |
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| Format: | Journal Article |
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Oxford University Press
2022
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| Online Access: | http://hdl.handle.net/20.500.11937/91601 |
| _version_ | 1848765555361710080 |
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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. |
| first_indexed | 2025-11-14T11:37:07Z |
| format | Journal Article |
| id | curtin-20.500.11937-91601 |
| institution | Curtin University Malaysia |
| institution_category | Local University |
| last_indexed | 2025-11-14T11:37:07Z |
| publishDate | 2022 |
| publisher | Oxford University Press |
| recordtype | eprints |
| repository_type | Digital Repository |
| 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 |