Jurisdiction of the Arbitral Tribunal in the Case of Multiple Contracts
![handle is hein.journals/jarbstu24 and id is 375 raw text is: Journal of Arbitration Studies, Vol. 24 No. 3 Received: I August, 2014
1 September, 2014, pp. 1-31 Revised: 18 August, 2014
Accepted: 25 August, 2014
Jurisdiction of the Arbitral Tribunal
in the Case of Multiple Contracts
James Otis Rodner*
Ang61ica Marcano**
The Ibundation of the abitraition furisdiction is the arbitrtion agr-eement ente-ed into
hy the parties to a contacr Uually, only the signatory parties to a contract and the
disputes arising from a contract that includes an arbitration cLause or to which the
arbitration cLaLSe relates are the ones that cmn be subn3itted to arbitration. This article
diScuSSe .517]ome of the aiguments lbr extending the arbitration clatuse in complex
arbitrations, that i5, in those cases where there are more than two par-ties, more than
two contracts or mor-e than two parties and contracts. Particularly, thiS paper adc1Cb-eSe'
multiple contra ct arbitra tion when the contsracts arse related. One of the airumnentN LlSed
by the abi3ra trfibunal Ibir the extension of /usdiction is the existence of'a link between
the contra cts. Additional aigunient5 include implied con sent, parsticipation in the
negotiation and pel~bmance of a contract and good aith. The article also diSCuLISeS
',ome of the typical cases of linked contiacts in many civil law countries, SLlch a,
SULl)contracts, third pairty beneficiafies and standakrd tenns of contiracts, from which
arbitral fuisdictions prohlems may arise. Finally, special attention is given to Article 14
of the 2008 Peruvian Arbitration Law as the fiirst provision in an arbitration law in Latin
Amer-ic that extencs the arbitration agreement to non-signatory partie Liuing lbr this a
mixed approuach.
Attorney, admitted to practice in Venezuela, the Commonwealth of Massachusetts and the
District of Columbia. Memnber of the ICC International Court of Arbitration. Partner of the
law firm Rodner, Martinez & Asociados. His practice focuses in international commercial
arbitration and commercial law. He often gives conferences on both in Venezuela as well
as in other countries on topics related to arbitration, the law of contracts and obligations,
both in Venezuela and in comparative law and the rles in the Unidroit Principles.
Attorney, admitted to practice in Venezuela. Junior Associate of the liw firm Rodner,
Martinez & Asociados. Her practice focuses in corporate law and commercial arbitration.](ViewImageLocal?handle=hein.journals/jarbstu24&div=21&collection=&method=preview&ext=.png&size=3)
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Jurisdiction of the Arbitral Tribunal in the Case of Multiple Contracts
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