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Joinder of non-parties to an arbitration, September 2018

An arbitration agreement binds formal signatories to a contract. We all know that parties’ consent is the foundation of any international arbitration. Article II of the New York Convention states that international arbitration agreements are binding on the parties involved. It provides no guidance as to how those parties are to be determined. National laws are also almost universally silent on this matter. The nonsignatory position is therefore developed through case law across jurisdictions.

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