World Arbitration And Mediation Review (WAMR) - 2007 Volume 1 No. 4
About the Editors:
Thomas E. Carbonneau holds the Samuel P. Orlando Distinguished Professorship at Penn State Law and directs The Penn State Institute on Arbitration Law and Practice. In his thirty-year career in law teaching, he has taught law and arbitration at Tulane University, Fordham, McGill, University of Denver, Hamline Dispute Resolution Institute, and University of California at Davis. He is a former Editor-in-Chief of the World Arbitration and Mediation Report and is the author of nearly twenty books and numerous articles on law and arbitration. He is the faculty adviser for the Penn State Yearbook on Arbitration and Mediation and its Vis Moot Court team.
Richard Chernick is Managing Director of JAMS’ National Arbitration Practice. Mr. Chernick has conducted hundreds of large and complex arbitrations and mediations employing various rules and before all major administering institutions, both nationally and internationally. He is Past Chair of the Dispute Resolution Section of the American Bar Association (ABA); Founding President of the College of Commercial Arbitrators (CCA); Founding Chair of the ADR Committee of the State Bar of California; Advisor to the ABA’s drafting committee for the Revised Uniform Arbitration; Past President of the Los Angeles County Bar Association, the Legal Aid Foundation of Los Angeles, and past Chairman of the Board of Dispute Resolution Services, Inc., the dispute resolution program of the Los Angeles County Bar Association. Mr. Chernick was a Partner with Gibson, Dunn & Crutcher (1977-1994) where he specialized in commercial litigation and domestic and international arbitration.
Robert B. Davidson, Esq. is a full-time arbitrator and mediator, and the Executive Director of JAMS Arbitration Practice. He has sat in over 150 domestic and international arbitrations as sole arbitrator and as a member of tripartite panels in both institutional and ad hoc settings. Cases arbitrated have involved complex commercial and financial business issues, including contract actions, disputes under APA and SPA agreements, construction, insurance and reinsurance claims, oil and gas disputes, securities, tax, construction, real estate, intellectual property, employment disputes, and sports matters.
Mary Helen Mourra is former Executive Director of the Institute for Arbitration Law and Practice, Pennsylvania State University, Dickinson School of Law. She is the Editor-in-Chief of the Latin American Arbitration Review, and Managing Legal Editor of the Stockholm International Arbitration Review. She is also the principal author of Latin American Investment Treaty Arbitration: The Controversies and Conflicts and Co-editor of the Practitioner’s Handbook on Middle East and North African Arbitration. She has extensive work experience in and ties to the Middle East and Latin America. She was Counsel to the Hariri Foundation in matters before the United Nations from 2000 to 2005. Her professional experience has included consulting on international law and representing NGOs before the United Nations in New York and Geneva, Switzerland. She was Co-counsel with Professor John Quigley of Ohio State University School of Law in a number of international cases. She received her Juris Doctorate from Tulane University. She speaks English, French, Spanish, Arabic, and Creole and she is member of the Maryland Bar.
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There is little need to point out the existence of classic situations in
which an individual or entity acts as an arbitral claimant or respondent
despite the fact that such individual or entity is not formally a signatory to
the relevant arbitration clause. Among the most frequently-encountered
examples of such instances are: (a) participation by a corporation in an
arbitration commenced pursuant to an arbitration clause signed by one of its
affiliates, when that corporation was intimately involved in the disputed
events, (b) participation of a post-merger entity in arbitration proceedings
conducted under a clause signed by one of its original constituent entities,
and (c) arbitration commenced by an intended third party beneficiary under
a contract in which it seeks to enforce rights granted under the contract, to
name just three.1
These rather recurrent situations usually present themselves at the
beginning of an arbitration, with a person or entity fitting one of the abovedescriptions
appearing as claimant or respondent from the very outset of the
proceedings. Though the precise contours and degree of acceptance for each
of these different “non-signatory party” situations vary from legal system to
legal system, the concepts are not themselves unfamiliar and they are
frequently applied in one variant or another in major arbitration venues.
An altogether different question is that of the voluntary intervention of
other types of third parties in ongoing arbitrations. Such interventions are in
practice quite rare, at least in cases where all of the named claimants and
respondents have not consented. Indeed, as stated by one arbitration
observer, "If all parties concerned agree to the joinder or intervention of
additional parties . . . then that will virtually always be permitted by the
arbitrators. On the other hand, if there is no agreement among the parties as
THE "THIRD OPTION": INTERNATIONAL COMMERCIAL MEDIATION
Antonin I. Pribetic
NATIONAL ARBITRATION FORUM CASE SUMMARIES
Kirk Knutson & Ryan Chandlee
EVENTS IN ARBITRATION AND ADR