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Privity of Contract and Multi-Party Arbitration

22.9.2016, Asiantuntija-artikkeli

Arbitration is a private dispute resolution method, in which the arbitral tribunal is granted a power to solve a dispute between two or more parties, having agreed to arbitration. The arbitration agreement is subject to privity of contract, which means that contracts are only enforceable by the contracting parties. Privity of contract is a generally and universally recognized principle of almost any contract law. Party autonomy means the prevailing right of the contracting parties to determine the proceedings for their mutual dispute to be resolved. This article deals with party autonomy in relation to privity of contract and aims to address, whether privity of contract can be exempted in multi-party arbitration and if so, on which grounds and how.

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