International Commercial Arbitration Review has published an article by Sergey Lysov, associate at KK&P

Sergey Lysov, an associate at KK&P, has written an article on Participation in arbitration proceedings of persons that were not signatories to the arbitration agreement, which has been published in International Commercial Arbitration Review (No. 1(10) 2015).

Abstract: In most arbitration cases, parties and signatories to arbitration agreements coincide. However, a person, acting as an agent concluding a contract for a principal, could have no intention to be bound by the arbitration agreement. The rights under the contract may be also transferred to another person who may contest the extension of the arbitration agreement. The arbitrator is to decide whether involving the “non-signatory” person to the dispute stays in line with a written form requirement established by the UNCITRAL Model Law and the New York Convention of 1958. The article describes different concepts aimed at expanding the validity of the arbitration agreement on “non-signatories”, focusing on estoppel, agency relations, representation, transfer of rights, implied consent and “group of companies doctrine” which seems to be the most controversial.

ICA Review No. 1 (10) (available in Russian)