Chapter 9 - The Parties To Arbitration - Capacity To Submit To Arbitration – Sovereign Immunity - International Arbitration Law And Practice, Third Edition

Author(s):

Mauro Rubino-Sammartano

Page Count:

60 pages

Media Description:

1 PDF Download

Published:

January, 2014

Practice Areas:

Sovereign Immunity,

Parties,

Capacity of Parties,

Third Parties in Arbitral Proceedings,

Class Action

Author Detail:

Mauro Rubino-Sammartano is a Partner at LawFed-BRSA. Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.

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Description:

Originally from International Arbitration Law and Practice, Third Edition

9.1. Private Parties, Public Administrations and Government Enterprises

Although it might seem that within the arbitral scenario the topic of the parties to arbitral proceedings should be one of the easier topics to discuss, it has presented and does present several problematic issues to be examined here.

The parties to arbitral proceedings may be divided into various classes:

– natural persons
– legal entities
– public bodies
– States

In the absence of restrictive legislation, none of these classes of litigants is prevented in principle from entering into an arbitration agreement and consequently from being a party to arbitral proceedings.

Parties to arbitration agreements include not only public administrations, but also public bodies such as central banks, independent branches of the public administration (such as local authorities), and government-owned companies.

Table of Contents:

CHAPTER 9 : THE PARTIES TO ARBITRATION – CAPACITY TO SUBMIT TO ARBITRATION – SOVEREIGN IMMUNITY

Classes of Parties
9.1 Private Parties, Public Administrations and Government Enterprises
9.2 Disputes as to Being a Party to an Arbitration Agreement – Piercing the Corporate Veil – Alter Ego
9.3 Non Signatories

Sovereign Immunity
9.4 Sovereign Immunity

Changes to the Original Contract
9.5 Subjective and Objective Changes to the Original Contract

Connections
9.6 Participation of Several Connected Parties in the Proceedings
9.7 Connected Agreements and Arbitration Clause in One of Them – Group of Companies

Succession
9.8 Succession in the Contract

Third Parties – Joinders
9.9 Third Parties and their Joinders
9.10 Effects of the Award vis-à-vis Third Parties

Consolidation
9.11 Consolidation of Proceedings

Multiparty Arbitration
9.12 Multiparty Arbitration

Capacity of the Parties
9.13 Law Applicable to the Capacity of the Parties

Changes of Status
9.14 Effects of Insolvency Proceedings on Capacity of the Insolvency

Litigation Funding
9.15 Litigation Funding