Die subjektive Reichweite von Schiedsvereinbarungen

The arbitration agreement is the key issue in all arbitration proceedings. Boris Niklas studies its subjective range in order to determine who can become a party to arbitration proceedings on the basis of a concrete arbitration agreement. In doing so, he attaches special significance to multiparty arbitral jurisdiction, a phenomenon which is often put into practice but which is still fraught with considerable uncertainties. The author gives a systematic outline of the subjective range of arbitration agreements on the basis of the legal relationship between the persons involved. He shows that the contractual and the modifying character of arbitration agreements must be taken into account more often than has been done up to now. On this basis, Boris Niklas examines potential prerequisites for consent and obligations when a third party is included in arbitration proceedings.