This is the first book to focus on the legal question of the incorporation of arbitration clauses, even though this issue constitutes a common problem that arises frequently in practice.
Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a ‘one size fits all’ approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law. It further offers a unique comparative analysis of English law and Singapore law with regards to the incorporation of arbitration clauses and features recent case law on the issue from both jurisdictions. Moreover, the book explores the status of third parties to arbitration and a wide range of legal situations in which arbitration clauses bind third parties.
This book will be directly of interest to lawyers and professionals in arbitration, reinsurance, construction, and shipping, as well as to relevant academic courses.
Table of Cases
Preface
Part I
Chapter I The Foundations Of Incorporation And Arbitration Clauses
Chapter II Incorporation Of Charterparty Arbitration Clauses Into Bills Of Lading
Chapter III Incorporation Of Arbitration Clauses In Reinsurance Contracts
Chapter IV Construction Contracts And The Incorporation Of Arbitration Clauses
Chapter V Singapore Law And Incorporation Of Arbitration Clauses
PART II
Chapter VI Not Incorporation – But A Close Analogy: Arbitration Clauses Binding Third Parties
Index
Biography
Aslı Arda works as an Assistant Professor at the University of Copenhagen, Faculty of Law, Center for Private Governance (CEPRI). Her research fundamentally focuses on digitalization and decarbonization in shipping from a private law perspective. She formerly worked as a Postdoctoral Researcher at CEPRI from May 2020 and her project focused on the management and liability aspects of the commercial implementation of remotely-controlled and autonomous ships. Asli has an LLM in Maritime Law with distinction from the University of Exeter, UK, and she holds a PhD in Law from the same University, which she obtained in 2020. Aslı's primary fields of research are digitalization and decarbonization in shipping, contract law, shipping law (mainly dry shipping), autonomous and remotely controlled ships from a private law perspective, digitization and digitalization in law, commercial arbitration agreements, and insurance law.
