To Bind or Not to Bind? Challenging Assumptions About Non-Signatory Cases and Choice of Law in International Arbitration* – Vol. 27 No. 3

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Author: E. Jin Lee**

Published: July 2017

Arbitrators and Arbitral Tribunals
International Character of Dispute
Applicable Law

Whether a non-signatory is bound by an arbitration agreement is a frequently recurring issue in international arbitration. Ubiquity notwithstanding, there is an oft-overlooked question in this area: What law determines whether a non-signatory is bound by an arbitration agreement? The question’s importance should not be underestimated. The answer to this choice-of-law question can have outcome-determinative effects, because the substantive analysis can vary significantly under the laws of different jurisdictions.

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*Notes and Comments
**J.D., Columbia Law School; LL.B. King’s College London, School of Law. Gratitude is due to Professor Robert H. Smit for helping me to grapple with the many intellectual pickles raised by this topic. Mistakes are entirely my own.