Arbitration Clauses and Third Parties

Asli Arda

• Éditeur: Informa Law from Routledge
• Année: 2023
• ISBN:
  9781000899771
• Édition: 1
• Sujet: Law
• Sous-sujet: Arbitration, Negotiation & Mediation in Law

This is the first book to focus on the legal question of the incorporation of arbitration clauses, even though this issue constitutes a common problem that arises frequently in practice.

Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a 'one size fits all' approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law. It further offers a unique comparative analysis of English law and Singapore law with regards to the incorporation of arbitration clauses and features recent case law on the issue from both jurisdictions. Moreover, the book explores the status of third parties to arbitration and a wide range of legal situations in which arbitration clauses bind third parties.

This book will be directly of interest to lawyers and professionals in arbitration, reinsurance, construction, and shipping, as well as to relevant academic courses.