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The "Group Of Companies Doctrine" - Where is it Heading - ARIA - Vol. 17, No. 1, 2006

 
Price:
$40.00
Author: Stephan Wilske, Laurence Shore & Jan-Michael Ahrens
Page Count: 16
Published: 2006
Media Desc: 1 PDF from "The American Review of International Arbitration (ARIA)"
File Size: 107KB
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American Review of International Arbitration - ARIA - Vol. 17 No. 2 2006 

American Review of International Arbitration - ARIA - (U.S. Price)
American Review of International Arbitration - ARIA (International Price)


ARIA Vol. 17  No. 2 2006 

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 I. INTRODUCTION
Contrary to litigation before state courts, arbitration is a private dispute
resolution mechanism and has to be agreed upon by the parties. Where a person
has not submitted to arbitration, either by means of an arbitration clause in a main
contract or a separate arbitration agreement, he generally has a right to seek
recourse before the state courts; in many countries, access to the courts is granted
as a constitutional or human right.1 Accordingly, it comes as no surprise that the
“extension” of arbitration agreements from a contractual party to third parties,
e.g., to its affiliated companies or controlling shareholders, has become a crucial
issue in arbitral practice. Can such third parties rely on the lack of consent to
arbitration or may the need for effective dispute resolution justify sacrificing the
strict requirement of (real) consent? If so, in which circumstances might this be
warranted? Diverging arbitral awards and court decisions from various
jurisdictions recently re-ignited this important debate.2 The present article will
address these recent developments and seek to assess emerging trends.

Author Detail

 Stephan Wilske, Laurence Shore & Jan-Michael Ahrens - Dr. Stephan Wilske, LL.M. (The University of Chicago), Maître en droit (Aix-en- Provence), MCIArb, member of the German and New York Bar, is a partner in the Stuttgart office of Gleiss Lutz (www.gleisslutz.com). Dr. Laurence Shore, J.D. (Emory),
Ph.D. (Johns Hopkins, History), solicitor of the Supreme Court of England and Wales and
member of the Bar of the District of Columbia and Commonwealth of Virginia, is a
partner in the London office of Herbert Smith LLP (www.herbertsmith.com). Dr. Jan-
Michael Ahrens, LL.M. (Geneva & Lausanne), member of the Bar of Berlin, Geneva and
England & Wales, is a lawyer in the Geneva office of Lenz & Staehelin
(www.lenzstaehelin.com).

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