Three’s Company: Examining the Third-Party Problem Through an Analysis of Bridas S.A.P.I.C. v. Government of Turkmenistan
By Linda R. Boyle, February 8, 2012
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This article examines the problems associated with binding non-signatory parties to international arbitration agreements and proposes enabling arbitrators to resolve these issues through jurisdictional decisions. It analyzes this third-party problem in the context of Bridas S.A.P.I.C. v. Government of Turkmenistan (Fifth Cir.) and argues that the court exacerbated the third-party problem in international arbitration. The article also addresses the problems created for U.S. courts when government instrumentalities are involved in international arbitrations.
