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The Right and Obligation to Arbitrate Non-Signatories in Groups of Companies

Exploring the Limits of Consent

Karim A. Youssef, CEO of Youssef & Partners (Youssef + Partners), published an article titled ‘The Limits of Consent: The Right or Obligation to Arbitrate Non-Signatories in Groups of Companies’, Multiparty Arbitration, ICC Institute of World Business Law, 2010. This publication investigates the concept of consent in arbitration as the primary criterion for power of jurisdiction, and whether bounds have been established for the principle of consent, to obligate non-signatories and/or extend consent beyond that given by signatories.

‘The limits of consent: the right or obligation to arbitrate of nonsignatories in groups of companies’, Multiparty Arbitration, ICC Institute of World Business Law, 2010 Kluwer Law International – Home (kluwerarbitration.com)

Summary:

This article tackles the issue of consent in arbitration being the main criterion of jurisdiction and whether there has been limits developed on the rule of consent as the basis for compelling non-signatories or for compelling signatories beyond their consent.

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