an excerpt from ALTERNATIVE DISPUTE RESOLUTION 2001 EDITION
published by the llinois Institute for Continuing Legal Education

© 2001 by Stephen E. Smith

III. Drafting the International Arbitration Agreement

A. [23.3] Affiliates

When there are questions about joining the the proper parties in an arbitration, the careful practitioner must investigate the relationships between and among incorporated and unincorporated entities. After doing so, those parties should either should be expressly joined or excluded with appropriate language within the arbitration clause or submission agreement, unless doing so would hinder the commencement or prosecution of the arbitration or the enforcement of any award entered. Otherwise, without such explicit reference, questions may arise about jurisdiction over parties and the enforceability of the arbitral award on the parties. See, Hellicopteros Nacionales de Colombia, S.A. v. Hall, 466 U. S. 408, 80 L.Ed.2d 404, 104 S.Ct.1868, (1984) (jurisdictional questions). See also Dow Chemical et al. v. Istover-Saint Gobain, 110 J. DU DROIT INT’L 899 (1983) (more specific jurisdictional questions raised by proposed joinder of non-signatories (to arbitration agreement.)).