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.
Investigating Consent in Arbitration: Jurisdiction and Limits on Non-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) ((https://www.kluwerarbitration.com/document/kli-ka-201510606-n?q=The%20Limits%20of%20Consent:%20The%20Right%20or%20Obligation%20to%20Arbitrate%20of%20Non-%20Signatories%20in%20Groups%20of%20Companies))
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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FAQS:
What does the article say about the principle of consent in arbitration?
The article discusses how consent is traditionally viewed as the primary basis for arbitration jurisdiction. It explores whether limits have been established on this principle to enforce arbitration obligations on non-signatories or to extend the obligations of signatories beyond their initial consent.
How does the concept of consent impact non-signatories in arbitration?
Youssef investigates whether non-signatories can be bound by arbitration agreements based on the principle of consent, and under what conditions this might be possible. The article explores the legal and practical implications of such scenarios.
What is the significance of this publication for multiparty arbitration?
The publication contributes to understanding how arbitration agreements can be applied in complex scenarios involving multiple parties, including those who did not originally consent to arbitration. It provides insights into how arbitration jurisdiction can be extended or limited in groups of companies.
