SCC Case 143/2003 - Chapter 9 - SCC Arbitral Awards: 2004-2009
David Goldberg, Chartered Arbitrator and Partner and Co-Head of the International Arbitration Group of SJ Berwin LLP, London.
Gordon Blanke, Member of the Chartered Institute of Arbitrators and Associate with the International Arbitration Group of SJ Berwin LLP, London
Originally from SCC Arbitral Awards 2004-2009
IX. SCC CASE 143/2003
(1) Whether an entity that was not named as a respondent in the Request for Arbitration and therefore did not take part in the formation of the arbitral tribunal may be counted as a respondent in the arbitration.
(2) Whether, by application of the alter ego doctrine to "pierce the corporate veil" of one entity, an arbitral tribunal may exercise jurisdiction over another entity that is not a party to the arbitration.
(3) Whether an assignment merely of the proceeds from a cause of action, or rather an assignment of the cause of action itself, is effected by the following language: "The Assignor assigns to Assignee the right title of interest and sums of money recovered of the Defendant in the proposed action [Assignor] -v- [Defendants]."
(4) Whether an aggrieved entity's cause of action against a state and against a corporation designated by the state to administer the outstanding debts of a company liquidated by state decree is a dispute that would fall within the scope of an arbitration clause in a contract between the aggrieved entity and the company liquidated by state decree.
(5) Allocation of costs.
Observations by David Goldberg & Gordon Blanke