Arbitration Law Monthly
Effect on third parties
The principle that an arbitration award binds only the parties to the award and cannot affect the rights of any third party
extends also to a guarantor.
Sabah Shipyard (Pakistan) Ltd v Government of Pakistan
[2007] EWHC 2602 (Comm) is recent confirmation that a guarantor is bound to make payment in respect of an award only if there
are clear words in the guarantee which produce that effect.