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from Part V - Jurisdiction of the Arbitrator
Published online by Cambridge University Press: 18 February 2023
This Chapter is concerned with the concept of consent in international arbitration, and in particular with the various forms that consent can take to accommodate contemporary business transactions. The focus of the Chapter is on non-signatories or third parties in international arbitration, namely parties who are implicated in the commercial side of the underlying transaction but are not formal parties to an arbitration agreement. The Chapter challenges the efficacy and coherence of the existing arbitration law in this area, and questions whether the traditional concept of consent for arbitration can be reconciled with complex commercial reality and non-signatory parties today.
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