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ADOPTING A UNIFIED SET OF RULES REGARDING NON-SIGNATORY ISSUES IN INTERNATIONAL COMMERCIAL ARBITRATION: EXTENSION BASED UPON CONTRACT LAW THEORIES

thesis
posted on 2023-09-07, 05:15 authored by Hadir Khalifa

Extension of artbitration agreements is one of the most debatable issues in international commercial arbitration. Effectuating the extension to bind non-signatories to arbitration produces a lot of problems in practice, especially extension based on contract law theories. Applying national laws to determine the validity of extension is unsuitable to the nature of international disputes because of the peculiarities and technicalities of national contract laws, which are designed primarily to be applied to domestic disputes — not international ones. This study aims to develop and adopt a unified set of rules to be applied to extension issues without any recourse to national laws. The study focuses on agency, incorporation by reference, and third-party beneficiary theories. Applying this unified proposed approach enhances certainty, predictability, and flexibility in international arbitration, which aligns with the nature of arbitration as a neutraland effective dispute resolution mechanism.

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American University

Notes

Degree Awarded: S.J.D. Justice, Law and Society. American University.; Electronic thesis available to American University authorized users only, per author's request.

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http://hdl.handle.net/1961/auislandora:84479

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