Extension of International Arbitration Agreements to Third Parties : Legal Aspects

This work is dedicated to a very disputable issue - extension of the arbitration agreement to third parties. For years scholars, tribunals and national courts have tried to provide some guidance as to whether it is possible to bind a third (non-signatory) party by the arbitration clause. However, the consensual nature of the arbitration agreement does not allow to provide a clear and strict positive answer. It is the issue of not only the possibility to extend the arbitration clause to third parties, but also what law tribunals and courts should apply while deciding whether the arbitration clause should be extended or not. In order to provide complex analysis of this topic diverse theories, which are used to extend arbitration clause to third parties, all the concepts were divided in two groups: traditional, implied consent and non-signatory concepts. They were studied and compared, a lot of attention was paid to its practical application, not only in foreign jurisdiction, but also in Russian jurisdiction, where this topic is not widely covered and researched.