Effect Of An Arbitration Agreement On The Expansion Of The Non-signatory

Binding non-signatory of arbitration agreement is embedded in the developmentof international arbitration. It serves as exception, rather than override, to the centerconcept of consent lied deeply in the arbitration law. Broadly interpretation andarbitration-support policy play indispensable role in binding non-signatory.The thesis consists of the following parts:Part I states overview of binding non-signatory, i.e., features of arbitrationagreement, inquiry into the written form, interpretation of arbitration agreement andthe applicable law of arbitration agreement.Part II focuses on incorporation by reference and relevant precedents and providethe conclusions.Part III focuses on group of companies and explores the difference between thealter ego under US law and group of companies.Part IV stresses the autonomous transfer of arbitration agreement in the case oftransfer of contractual rights. The writer introduces the different approach ofaddressing the concern by Civil law countries and Common law countries. The notionof autonomous transfer is defended by the writer against the oppositions to thisnotion.Part V concerns third party beneficiary from common law countries andsuggestions on the admissible opportunity to this institution by PRC law.