Book contents
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- Part V Jurisdiction of the Arbitrator
- 23 The Arbitration Agreement: Legal Nature, the Contractual and the Jurisdictional Aspect
- 24 The Various Forms of ‘Consent’ in International Arbitration
- 25 Protecting and Challenging the Arbitrator’s Jurisdiction
- 26 The Competence-Competence Principle’s Positive Effect
- 27 The Competence-Competence Principle’s Negative Effect
- 28 The ‘Separability’ of the Agreement to Arbitrate
- 29 Admissibility versus Jurisdiction
- 30 Settlement Efforts and Contract Adaptation by Arbitral Tribunals
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- Part IX Awards
- Part X Post-Award Issues
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
24 - The Various Forms of ‘Consent’ in International Arbitration
from Part V - Jurisdiction of the Arbitrator
Published online by Cambridge University Press: 18 February 2023
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- Part V Jurisdiction of the Arbitrator
- 23 The Arbitration Agreement: Legal Nature, the Contractual and the Jurisdictional Aspect
- 24 The Various Forms of ‘Consent’ in International Arbitration
- 25 Protecting and Challenging the Arbitrator’s Jurisdiction
- 26 The Competence-Competence Principle’s Positive Effect
- 27 The Competence-Competence Principle’s Negative Effect
- 28 The ‘Separability’ of the Agreement to Arbitrate
- 29 Admissibility versus Jurisdiction
- 30 Settlement Efforts and Contract Adaptation by Arbitral Tribunals
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- Part IX Awards
- Part X Post-Award Issues
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
Summary
This Chapter is concerned with the concept of consent in international arbitration, and in particular with the various forms that consent can take to accommodate contemporary business transactions. The focus of the Chapter is on non-signatories or third parties in international arbitration, namely parties who are implicated in the commercial side of the underlying transaction but are not formal parties to an arbitration agreement. The Chapter challenges the efficacy and coherence of the existing arbitration law in this area, and questions whether the traditional concept of consent for arbitration can be reconciled with complex commercial reality and non-signatory parties today.
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- Publisher: Cambridge University PressPrint publication year: 2023