Third-Party Effects of Arbitral Awards: Res Judicata Against Privies, Non-Mutual Preclusion and Factual Effects Contributor(s): Pika, Maximilian (Author) |
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ISBN: 9403512733 ISBN-13: 9789403512730 Publisher: Kluwer Law International OUR PRICE: $202.95 Product Type: Hardcover - Other Formats Published: July 2019 |
Additional Information |
BISAC Categories: - Law | Arbitration, Negotiation, Mediation - Law | Alternative Dispute Resolution - Law | Commercial - International Trade |
Physical Information: 1" H x 6.3" W x 9.8" (1.70 lbs) 392 pages |
Descriptions, Reviews, Etc. |
Publisher Description: The specialization and financial demand of global business render international transactions inherently multilateral and thus best effected through arbitration agreements. However, it often happens that - for various reasons, such as a debtor's failure to pay damages ordered by an arbitral tribunal - third parties who did not consent to the original arbitration enter the scene. This is the first book to examine the binding effects of international commercial arbitral awards in follow-up disputes against third parties. It comprehensively analyses arbitral awards' third-party effects under national arbitration laws, the New York Convention and private international law. Moreover, it proposes solutions under transnational law before both courts and arbitral tribunals.
For civil law, the author focuses on France and Switzerland (as predominant arbitral seats) and on Germany (as a Model Law example). Among common-law countries, he concentrates on England and Wales and on the United States. Statutory sources (with specific wording), leading cases and summaries of the most important scholarly discussions are all invoked. |