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The formation and validity of international arbitration agreements are of vital importance to the arbitral process. Both issues arise in many international arbitration cases and can have a decisive impact on the course of arbitral proceedings. This chapter provides an overview of issues relating to the formation and validity of . . . Read more
Under the New York Convention, other international arbitration instruments, and most national arbitration regimes, parties enjoy broad autonomy to draft international arbitration agreements in the fashion they desire. The parties’ autonomy inevitably produces a wide range of different arbitration agreements. Arbitration clauses can be very short (a few words) or . . . Read more
As we have seen, virtually all international and national legal regimes regard arbitration as consensual and provide that only the parties to an arbitration agreement are obliged to comply with that agreement.1 In most cases, the parties to an arbitration agreement are—and are only—the entities that executed the underlying contract . . . Read more