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  • 标题:A Glance at the Legal Status of Non-Signatories in International Commercial Arbitration
  • 本地全文:下载
  • 作者:Yujia Zhang
  • 期刊名称:Open Journal of Social Sciences
  • 印刷版ISSN:2327-5952
  • 电子版ISSN:2327-5960
  • 出版年度:2021
  • 卷号:9
  • 期号:4
  • 页码:269-281
  • DOI:10.4236/jss.2021.94021
  • 语种:English
  • 出版社:Scientific Research Publishing
  • 摘要:Arbitration has been recognized as one of the most popular ADRs in commercial disputes. Theoretically, arbitration is based on a valid arbitration agreement and only the parties to the agreement are forced to obey the award. However, in legal practice, it is not uncommon for arbitral awards to be enforced against non-signatories. This paper introduces some major legal basis of this situation, including the traditional principles such as agency relationship and other controversial principles, among which “the group of companies” is a typical principle. At the same time, the application of these theories is also discussed. The principle of “group of companies” is considered as a pioneering method specially created for arbitration.
  • 关键词:Arbitration;Arbitral Agreement;Non-Signatory;Enforcement
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