Non-signatories – country reports

Wednesday 18 October 2023

Country/jurisdiction reports on local requirements for the extension of an arbitration clause to, and enforcement of an arbitral award against, a non-signatory

In its role as the foremost organisation for international legal practitioners, the IBA publishes studies to assist the global legal community. This country-by-country study, by the Subcommittee on Recognition and Enforcement of Arbitral Awards of the IBA Arbitration Committee, is part of that effort. It focuses on the often debated issue of non-signatories in international arbitration and addresses, for example, the circumstances in which a non-signatory can be compelled to arbitrate, and related enforcement questions.

The study is intended as a vade mecum for arbitration practitioners around the world, to assist in navigating this tricky and varied issue. In contrast to other resources, which may provide more internationally generic guidance, the study provides country-specific information. This can be very helpful where the specificities of a particular country’s laws or jurisprudence may be determinative with respect to whether an arbitral award may be enforced.

In terms of scope, the study, which covers jurisdictions from around the world, addresses approximately eighteen primary issues (in addition to a few related follow-up sub-issues), all of which fall into the following categories:

  1. general considerations
  2. specific legal theories
  3. questions regarding enforcement

This study, which is prepared by local practitioners, does not substitute for legal advice, but can provide helpful preliminary guidance for practitioners working on arbitrations involving these jurisdictions. Reports are correct as of January 2021.

All links are to PDFs