About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2 Ind. Arb. L. Rev. 1 (2020)

handle is hein.journals/inalr2 and id is 1 raw text is: INDIAN ARBITRATION LAW REVIEW/ i Vol. ii Feb zozo MULTI PARTY DISPUTES: THE JOINDER OF THIRD PARTIES TO INTERNATIONAL ARBITRATION AGREEMENTS Kavya Bhardwaj* Abstract The issue of multi-party arbitration has become a part of the contemporary jurisprudence on international commercial arbitration. Scholarly conflict has often revolved around the need to balance the doctrine of privity of contract and terms of agreement with the extension of the arbitration agreement. This has given rise to the applicability of new principles in determining the scope of the arbitration agreement. The hurdles of a consensual agreement, confidentiality obligations, enforceability and form requirement are often termed as the 'stumbling blocks' to the joinder of third parties to an international arbitration agreement. In an era of complex business transactions, the need for efficiency in alternate dispute resolution has time and again encouraged the joining of third parties to the arbitration agreement. This paper is an attempt to bring forward the conceptual nature, purposive interpretation and technicalities involved in third party intervention, extension of the arbitration agreement and joinder of parties. It begins with the conceptual terminology and goes on to discuss at length the legal basis of binding non-signatories, theories of extension to the arbitration agreement under the backdrop of the consent to arbitration per se. The article primarily revolves around the recurrent debate of whether extending the scope of the arbitration agreement is an infringement of the individual contractual rights or an efficacious remedy. This paper encapsulates the jurisprudential principles, model law's approach, concept of implicit consent, arbitral awards and hindrances as to confidentiality and agreed upon terms by the parties, to explain the very joinder of third parties'. The author is a student at the Rajiv Gandhi National University of Law, Patiala.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most