Summary
- Laws and precedents in Switzerland and China support several theories to bind non-signatories to an arbitration agreement.
- Third parties may be bound by an arbitration agreement through an assignment
Binding a Non-Signatory to an Arbitration Agreement under Chinese and Swiss Laws (I)
Luka Groselj of Schellenberg Wittmer and Runyang Liu of Zhong Lun Law Firm compare the legal principles and exceptions to the extension of arbitration agreements to non-signatories under Chinese and Swiss legal frameworks including succession, transfer, performance, guarantee, and subrogation and when the non-signatory may be bound by arbitration agreements
By
Susan Mok