Third Parties in International Commercial Arbitration (Oxford International Arbitration Series) [Hardcover]

About the Author Dr Stavros L. Brekoulakis is an attorney-at-law and a lecturer in International Dispute Resolution at the School of International Arbitration, Queen Mary University of London. He studied law at Athens and London and obtained an LLB from Athens, his LLM from King's College London, and his PhD degree from Queen Mary University of London. He lectures on International and Comparative Commercial Arbitration, Construction Arbitration, Conflict of Laws and International Commercial Litigation. He also convenes a module on arbitration advocacy and lectures on legislative drafting and arbitration. His research output includes books and articles in leading legal journals. Brekoulakis also works and advises on dispute resolution matters. His legal expertise focuses on arbitration in the context of international business transactions, affecting construction projects, shipping and insurance contracts, international trade, investments, trading agreements with developing countries, Eastern Europe and EC law.

"At last a book that deals comprehensively and cogently with all aspects of the problem, and from the perspective of all participants...proven to be instantly indispensable to all who practice and study arbitration in the context of these new and adventurous party constellations. I recommend it unreservedly."
--George A Bermann, Columbia University School of Law

"Stavros Brekoulakis' book goes at the heart of one of the most difficult questions faced by arbitrators and parties in international arbitration. Who is bound by the arbitration agreement? Can third parties participate to the arbitration? Can they make claims? Can an award to which they did not participate affect their rights in any manner? The classical approach to these problems is based on consent, whether or not requirements of form are provided by the applicable rules of law, and whether or not implicit consent is permitted in the relevant jurisdiction. Stavros Brekoulakis makes an interesting attempt to go beyond this contractual horizon by looking at the jurisdictional nature of arbitration. The book strives at demonstrating that the law of arbitration should, to relevant extents, shift from the principle of consent. It is talented, innovative and far reaching. Every scholar and practitioner should read it."
--Alexis Mourre, Castaldi Mourre & Partners, Paris

"...is a deeply researched analysis of some of the most difficult issues in international commercial arbitration. The author has clearly met his twin objectives of providing a comprehensive review of cases and scholarship and advancing his own, well-founded views on how counsel, arbitrators, and judges should approach third party issues. Among the many valuable chapters in this book are a detailed discussion of the "doctrine of group of companies" (Chapter 5), in which the author observes that the doctrine "will rarely if ever be applicable when tribunals rely on national rules rather than anational rules and arbitration practice," and a consideration of third-party case law, in which Dr. Brekoulakis argues, inter alia, that a deeper understanding of the distinction between jurisdiction and admissibility will lead to fewer decisions being left to review by national courts. In short, this fine study deserves wide attention and comment."
 --Laurence Shore, Gibson, Dunn & Crutcher, New York

"A useful, indeed indispensable guide in this field for academics, practitioners, and law students."
--Professor Akira Sawai, Osaka Prefecture University

"...a fascinating and indispensable read..."
--Dr Laurent Levy. University of Paris

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