Complex Arbitrations
Multiparty, Multicontract, Multi-issue and Class Actions
Does not imply availability
Description
Provides an analysis of the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. This work analyses theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause; and whether an arbitration clause may be extended to non-signatories.
AI Overview
Title: "Complex Arbitrations: Multi-party, Multi-contract, Multi-issue and Class Actions" by Bernard Hanotiau
Overview: The book "Complex Arbitrations: Multi-party, Multi-contract, Multi-issue and Class Actions" by Bernard Hanotiau is a comprehensive guide to the complexities of arbitration involving multiple parties, contracts, and issues. It is the second edition of a guide that has been extensively used and appreciated worldwide since its first publication in 2006.
Key Themes:
- Multi-party Arbitrations: The book focuses on arbitrations involving two or more parties, which are becoming increasingly common in international arbitration cases, representing more than one-third of such cases[4].
- Multi-contract Issues: It delves into the complexities arising from groups of contracts, including the extension of arbitration clauses to non-signatories, joinder of parties, and consolidation of arbitration proceedings[4][5].
- Class Actions: The book also explores the special issues raised by the latest developments in international arbitration, including class actions[4].
- Arbitral Jurisdictions: It includes decisions from hundreds of courts from major arbitral jurisdictions worldwide, as well as ad hoc and institutional awards[5].
- Res Judicata and Enforcement: The analysis covers the res judicata effects of arbitral awards and their enforcement, including the conditions under which separate arbitration proceedings may be consolidated[4][5].
Plot Summary: The book provides a detailed analysis of the multiplicity of issues arising from multi-party and multi-contract arbitrations. It addresses various practical problems encountered in such complex disputes, including:
- Extension of Arbitration Clauses: Whether an arbitration clause can be extended to non-signatories.
- Joinder of Parties: Whether a respondent can join other defendants to the arbitration.
- Consolidation of Proceedings: Under what conditions separate arbitration proceedings may be consolidated.
- Res Judicata Effects: Whether an arbitral tribunal should consider an arbitral award rendered in a connected arbitration arising from the same project.
- Enforcement of Awards: The conditions and procedures for enforcing multiparty-multicontract awards[4][5].
Critical Reception: The book has received positive reviews for its comprehensive and unique in-depth analysis of the issues involved in complex arbitrations. It is considered a valuable resource for practitioners, including corporate counsel, international arbitrators, and lawyers dealing with multiparty-multicontract disputes. Law professors and students of dispute resolution also find it a unique consideration of an increasingly salient aspect of current international practice[3][4].
Edition and Publication: The book is part of the International Arbitration Law Library series and was published in 2020 by Wolters Kluwer and Kluwer Law International B.V. It includes appendices specifying multiparty-multicontract arbitration clauses, provisions of international conventions, national legislations, and institutional rules on class arbitrations[2][5].