THE SCOPE OF AN ARBITRATION AGREEMENT IS A THIRD PARTY BOUND BY IT Dissertation

THE SCOPE OF AN ARBITRATION AGREEMENT IS A THIRD PARTY BOUND BY IT - Dissertation Example The arbitration agreement or clause is usually attached to a principal contract defining the relationship between the parties. When claims arise on the basis of the main contract, then arbitration is resorted to. There are a system of rights and obligations that come into play that occasionally involve third parties non-signatory to the contract (and consequently the arbitration clause) either as beneficiary or in some other capacity that is intricately connected to the transaction subject of arbitration. A dilemma is created when the need arises to include such third party under the coverage of the arbitration procedure in order to provide complete relief to the signatory parties, as this goes against the consensual nature of the arbitration procedure and the legal principle that only signatories to a contract may be bound by it. The problem is already difficult to address in the context of national law. Where the dispute involves a transaction between parties in different countries , however, then the dilemma becomes more complicated. Arbitration being an informal process, it relies much on broad considerations of case law, customs and traditions, and of course the original intention of the parties which, of itself, may also be interpreted from the viewpoint of tradition. In the case of international commercial disputes, where the only practical recourse is through arbitration, the matter of which laws should govern becomes itself a complication to the adjudication of the original dispute. The intricacies of international public law and conflicts in international private law between the countries confounds the use of customs and traditions and the interpretation of the parties’ original intention; this makes third party inclusion more difficult to determine, and an examination of existing case law bears witness to this. Given different situs of the arbitration proceedings, sometimes conflicting decisions are issued by different arbitration institutions. . This research is essentially a cursory survey of the provisions, doctrines and case law on the matter of the inclusion in arbitration proceedings of third parties who are non-signatories to the arbitration agreement. It aims to articulate the issues that come into play in the matter of international arbitration, when the inclusion or intervention of third parties becomes a necessary consideration. Table of Contents Title Page 1 Executive Summary 2 Table of Contents 4 Chapter One: INTRODUCTION 6 Chapter Two: SCOPE OF ARBITRATION AGREEMENT 9 2.1 Definition of Arbitration Agreement 10 2.2 Parties to an Arbitration Agreement 14 2.2.1 Capacity of the Parties 15 2.2.2 Third Party 16 2.3 Validity of an Arbitration Agreement 17 2.3.1 Writing 17 2.3.2 Defined Legal Relationship 18 2.3.3 Capable of Settlement by Arbitration 19 2.4 Separability 21 Chapter Three: THIRD PARTY AND ARBITRATION AGREEMENT 25 3.1 The Problem 25 3.2 Is It Possible to Joint a Non-Formal Party to the Agreement of Arbi tration 26 3.2.1 Group of Companies Doctrine 27 3.2.2 The Theory of Estoppel 32 3.2.3 The Theory of Alter Ego 40 3.3 Distinction Between Non-Signatory Issue and the Joinder and Consolidation Issues 42 3.4 Is it the Same Terms for Extending an Arbitration Clause to Non-Signatory Companies and States 46 Chapter Four: MULTI

An Analysis of the Current Developments in International Advertising Essay

An Analysis of the Current Developments in International Advertising Regulations - Essay Example In their efforts to be competitive, international firms have emulated various strategies. Some of the notable marketing aspects include e-marketing, social media marketing, product diversification, repositioning of brands among others. In order to enhance product awareness and customer’s loyalty, global companies such as Coca-Cola, Toyota, General motors, Honda, Apple Incorporation, Pepsi among others have taken wide range of advertisements through satellite television, newspapers, internet and other avenues. This paper gives the analysis of the current developments in international advertising regulations and the impact on international marketing practise and consumption. International advertising International advertising involves spreading of messages that are related to a product or a service with an aim of propelling the demand from the existing customers or with the purpose of attracting new consumers. It is important to note that due to the cultural diversity and social aspects in various countries, the way customers perceive or react to an advertisement campaign differs. In this regard, international advertising entails the communicating process that takes into consideration the consumption patterns of the audience, multiple cultures and forms of communication. In the same way, international advertisement has been recognized by international agencies as a profitable business in terms of creating adverts on behalf of organizations. Development of international advertising One of the major causes of heated discussion among the advertising managers and academics is advertising standardization. According to the advertising managers, establishment of a comprehensive advertisement campaign entails the identification of local, intrinsic and firm factors that manipulate global advertising. In order to effectively serve the firms that were aimed at operating at an international level, advertising agencies established themselves in various countries. This was based on the high returns that they anticipated by treating the advertising campaigns as business practices. One of the major aspects that led to development of international marketing was the end of the communist regimes in 1990’s. As a result, companies who were eager to provide new products and attract large number of consumers positioned themselves in the Eastern Europe market. Based on the high number of firms that were scrambling for the available consumers, the global advertising became a priority. According to Grein and Ducoffe (1998), most organizations especially those from US emulated the services of advertising agencies leading to high advertising revenues. For instance, in 1991 the top ten advertising agencies in US earned more than 60% of their income from international billings. To find the solutions and share the plight that hindered advertising in the global market, companies that were focused at international advertising formed organizations such as Unit ed Kingdom Institute of Practitioners and US Association of National Advertisers. As companies progressed in their advertisement strategies, innovations in the information technology led to the enhancement of international marketing practice through the introduction of internet. This ensured that international companies targeting customers from various place in the world could now advertise their