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On first look, the ever-growing problem of extending arbitral agreements and, through such, the jurisdiction of an arbitral tribunal, is the logical reflection of globalisation...
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On first look, the ever-growing problem of extending arbitral
agreements and, through such, the jurisdiction of an arbitral
tribunal, is the logical reflection of globalisation and, thus, the
multiplication of cross-border disputes involving parties from
different countries, and different parties involved in the dispute.
Such constellations only highlight the importance of international
commercial arbitration as an impartial and quick means of dispute
resolution. Moreover, for tax, financial or practical reasons, an
ever-increasing number of entities emerges, which sometimes renders
the identification of parties in dispute quite uneasy. As a result,
more and more often, arbitrators have to deal with the
identification of parties at hand before entering on the merits
and, where necessary and allowed, extend their jurisdiction to
parties that have not actually signed the agreement.
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