Third parties present one of the most challenging and contentious issues in international commercial arbitration. The contractual nature of arbitration has long struggled to accommodate such entities but as multiparty disputes become ubiquitous in international commerce, the need for solutions is compelling.
This lecture examines the issue of third parties and international commercial arbitration through the lens of the relationship between the courts and arbitration, with a primary focus on court applications to restrain litigation in favour of arbitration and anti-arbitration injunctions.
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