CEU Electronic Theses and Dissertations, 2015
| Author | Karapanco, Albana |
|---|---|
| Title | ASSIGNMENT OF THE ARBITRATION AGREEMENT: PERSPECTIVES OF LEADING JURISDICTIONS |
| Summary | This thesis addresses the issue of assignment in international commercial arbitration. Arbitration is a voluntary choice for settling disputes between the parties and it is well accepted that no one can be obliged to arbitrate. An interesting and discussable question is whether the arbitration agreement or arbitration clause is transferrable to a third party who is not an initial party of the main contract. The thesis provides the answers and explanation to the question. The thesis finds that different approaches are given by different jurisdictions and there is no uniform rule. The thesis identifies the rationale behind these differences. Moreover, the thesis gives the characteristics of assignment in some specific container contracts. Assignment is considered as a limit to the principle of separability which renders the latter a legal fiction and not absolute. Thus, the thesis gives clarification of such a conflict. |
| Supervisor | Tibor Varady |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2015/karapanco_albana.pdf |
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