Third-Party Effects of Arbitral Awards
Subtitle: Res Judicata Against Privies, Non-Mutual Preclusion and Factual Effects
Publisher: Kluwer Law International
Published: 2019
Language: eng
Number of pages: 368
ISBN-13: 9789403512655
Description: Third-Party Effects of Arbitral Awards' examines the binding effects of international commercial arbitral awards in follow-up disputes against third parties to the prior arbitration. 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.