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Binding Sovereign States as Non-Signatories to Arbitration Agreements

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dc.contributor.advisor McLachlan, Campbell
dc.contributor.author Erfurth, Julian
dc.date.accessioned 2013-03-18T23:50:42Z
dc.date.accessioned 2022-11-02T01:40:16Z
dc.date.available 2013-03-18T23:50:42Z
dc.date.available 2022-11-02T01:40:16Z
dc.date.copyright 2012
dc.date.issued 2012
dc.identifier.uri https://ir.wgtn.ac.nz/handle/123456789/28456
dc.description.abstract The jurisdiction of arbitral tribunals is restricted to the parties of the arbitration agreement. As formal signatories of the contract containing the arbitration clause, those parties are usually easy to determine. In some situations, however, attempts are made to compel persons or entities to arbitrate that have neither signed the arbitration agreement nor have in any other way expressed their consent to be bound to it. Those parties are commonly referred to as non-signatories to the arbitration agreement. Although predominantly occurring in commercial contracts between private corporations, also states frequently face situations where a private party, after having entered into an arbitration agreement with a state-owned entity, claims that the state itself has to be considered as true party to the agreement. Apart from the problems arising from non-signatory situations in general, those constellations give rise to a number of specific issues, primarily rooted in the distinctive features of state contracts compared to private sector contracts. Against the background of those characteristics, the paper makes an argument for a more practical approach towards non-signatory issues. Instead of purely relying on the determination of the parties’ common intention, closer account should be taken of considerations of good faith and equity. en_NZ
dc.format pdf en_NZ
dc.language en_NZ
dc.language.iso en_NZ
dc.publisher Te Herenga Waka—Victoria University of Wellington en_NZ
dc.subject Non-signatories en_NZ
dc.subject Abitration agreements en_NZ
dc.subject Soverign states en_NZ
dc.title Binding Sovereign States as Non-Signatories to Arbitration Agreements en_NZ
dc.type Text en_NZ
vuwschema.contributor.unit School of Law en_NZ
vuwschema.subject.marsden 390104 Commercial and contract law en_NZ
vuwschema.type.vuw Masters Research Paper or Project en_NZ
thesis.degree.discipline Law en_NZ
thesis.degree.grantor Te Herenga Waka—Victoria University of Wellington en_NZ
thesis.degree.level Masters en_NZ
thesis.degree.name Master of Law en_NZ

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