Jurisdiction of the Arbitral Tribunal in the Case of Multiple Contracts

• 발행기관: 한국중재학회
• 저자명: James Otis Rodner Angé lian Marcano
• 간행물 정보: 『중재연구』 제24권 제3호, 1~31쪽, 전체 31쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2014.09.30

영문 초록

The foundation of the arbitration jurisdiction is the arbitration agreement entered into by the parties to a contract. Usually, only the signatory parties to a contract and the disputes arising from a contract that includes an arbitration clause or to which the arbitration clause relates are the ones that can be submitted to arbitration. This article discusses some of the arguments for extending the arbitration clause in complex arbitrations, that is, in those cases where there are more than two parties, more than two contracts or more than two parties and contracts. Particularly, this paper addresses multiple contract arbitration when the contracts are related. One of the arguments used by the arbitral tribunal for the extension of jurisdiction is the existence of a link between the contracts. Additional arguments include implied consent, participation in the negotiation and performance of a contract and good faith. The article also discusses some of the typical cases of linked contracts in many civil law countries, such as subcontracts, third party beneficiaries and standard terms of contracts, from which arbitral jurisdictions problems may arise. Finally, special attention is given to Article 14 of the 2008 Peruvian Arbitration Law as the first provision in an arbitration law in Latin America that extends the arbitration agreement to non-signatory parties using for this a mixed approach.

목차

Ⅰ. GENERAL

Ⅱ. EXTENSION OF THE ARBITRATION CLAUSE IN LINKED CONTRACTS

Ⅲ. FURTHER JUSTIFICATIONS OF THE EXTENSION OF JURISDICTION

Ⅳ. THE CASE OF SUBCONTRACTS

Ⅴ. THIRD PARTY BENEFICIARIES

Ⅵ. STANDARD TERMS OF CONTRACTS

Ⅶ. MIXES APPROACH; THE PERUVIAN ARBITRATION LAW

References