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Arbitration Law Monthly

The parties to an arbitration agreement

The complex facts of Republic of Kazakhstan v Istil Group Inc [2006] EWHC 448 (Comm) raised a series of questions as to whether persons who had not at the outset been parties to a contract containing an arbitration clause were nevertheless bound by it. Separate questions affected both parties. The respondents, who sought to uphold an award in their favour, contended that they had become parties to the arbitration, following assignment of rights to them during the proceedings. The applicants argued that they (the applicants) were not parties to the agreements and bore no responsibility under them. Questions of assignment, ad hoc agreements, time bars and res judicata all fell to be considered.

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