A number of recent English cases have considered the question of the circumstances in which an error as to the naming of a party to an arbitration can be corrected. The principles established are based on English law but, it is suggested, are generally applicable to international arbitrations subject to any system of law. A three stage test is proposed consisting of an exercise in contractual construction to identify the intended parties to the arbitration, an enquiry as to whether the conditions required for any valid reference to arbitration such as authority and notice are satisfied, and the exercise of a discretion.
First published in Arbitration International – The Journal of the London Court of International Arbitration – 2009
