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Summary
Summary
This publication from the International Bureau of the Permanent Court of Arbitration presents a collection of studies from a group of distinguished academics, jurists and practitioners widely regarded as experts in the field. The book address a niche and developing area of international arbitration, including the more recent developments of investment arbitration and classwide arbitration. This book, comprising papers written byrenowned experts from Europe and North America, deals with the key issues found in complex international commercial and investment disputes involving more than two parties.
Author Notes
The International Bureau of the Permanent Court of Arbitration (PCA) is an independent intergovernmental organization that was established by the 1899 Convention for the Pacific Settlement of International Disputes, concluded at The Hague during the first Hague Peace Conference. The PCA is housed in the Peace Palace at The Hague and administers arbitration, conciliation and fact-finding services in disputes involving issues of public and private international law between states, private parties and intergovernmental organizations.
Table of Contents
| ForewordTjaco van den Hout |
| IntroductionW. Laurence Craig (Orrick) |
| Defining the Problem |
| Who are the Proper Parties to the Arbitration? |
| 1 An Arbitrator's Dilemma: Consent, Corporate Veil and Non-SignatoriesWilliam W. Park |
| 2 Multiple Parties and Multiple Contracts in International ArbitrationBernard Hanotiau |
| 3 Arbitral Jurisdiction and the Dimensions of Party "Consent"Alan Rau |
| 4 Beyond Consent: Applying Alter Ego and Arbitration Doctrines to Bind Sovereign ParentsTimothy J. Tyler and Lee Kovarsky and Rebecca K Stewart |
| 5 Extension of the Arbitration Clause to Non-Signatories under French LawMultiparty Arbitration: The Institutional PerspectivePierre Mayer |
| 6 Multiparty Arbitration: The ICC International Court of Arbitration PerspectiveAnne Marie Whitesell |
| 7 Multiparty Arbitration: The LCIA PerspectiveAdrian Winstanley |
| 8 Consolidation of Arbitration Proceedings in the Netherlands: The Practice and Perspective of the Netherlands Arbitration InstituteMultiple Parties and Investment ArbitrationJan Willem Bitter |
| 9 Multiple Claimants in Investment Arbitration: Shareholders and Other StakeholdersR. Doak Bishop |
| 10 Multiparty Investment Dispute Resolution: Who Are the Proper Parties?Alexandra Koutoglidou |
| 11 The Manifold Respondent: Multiparty Issues Involving States in Investor-State ArbitrationVaughan Lowe |
| Mass Claims and Classwide Arbitration |
| 12 Arbitrating Mass Investor Claims: Lessons of International Claims CommissionsVeijo Heiskanen |
| 13 The Administration of Class Action ArbitrationsErich Tuchmann |
| 14 Classwide Arbitration in CaliforniaEnforcement IssuesRichard Chernick |
| 15 The Globalization of American Class Actions: International Enforcement of Class Action Arbitral AwardsAlexander Blumrosen |
| 16 Complex Arbitration: Issues in Enforcement and Annulment Actions of Arbitral Awards under French LawDominique Hascher |
| Practical Solutions to Multiparty Problems |
| 17 Multiparty Arbitration in the Construction IndustryJohn Marrin |
