Arbitration is a method frequently used throughout the world to settle disputes in theinternational arena. As it is a private procedure beyond the public eye with experts as judgesand results in an award that generally is easier to enforce than court judgments, it may be themost efficient way of settling international disputes. To be entitled to commence arbitralproceedings instead of litigation, the only requirement is an agreement between two or moreparties to do so.If a dispute then later arises where a third party, not signatory to the agreement, is sointertwined with the dispute that it seems impossible or maybe even unnecessary to resolve itwithout this third party being part of the proceedings, he cannot technically take part in thearbitration. If such an issue is at hand, or if a third party itself wants to invoke arbitrationagainst one of the signatories, courts and arbitral tribunals have developed methods throughwhich third parties can be bound to an arbitration agreement without its expressed consent.Using these methods can at first glimpse be seen as a measure of fairness and efficiency,however problems arise as the very foundation of arbitration, the consent of the parties, arebargained with. This thesis therefore explores the justifications behind two of the methodsused today, the arbitral estoppel theory and group of companies doctrine, and discusses theimplications they have on consent.
展开▼
