The "Americanization" of the New York and Panama Conventions by the Federal Courts in Manhattan: Unravelling the Origins of an Idiosyncratic Approach to "Non-signatories" at the Enforcement Stage
Article from: TDM 2 (2020), in International Law
One of the perennial limitations of the international arbitration system has been the lack of a uniform procedural instrument allowing those who have not formally executed the operative agreement to be brought into the arbitration proceedings. In pursuit of the task to effectively answer the needs of the complex international business transaction, arbitration tribunals have invoked the relaxed rules of privity and form to overcome this problem. Binding "non-signatories," as the practice has been termed, is now an unexceptional occurrence in complex international arbitration ...