The Need For Authority To Contract - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management View The Need For Authority To Contract by - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management The Need For Authority To Contract 90 1

The validity of the agreement to arbitrate is fundamental to any arbitration. That validity can raise many issues, one of which is the authority of the signatory to bind the party. That authority must be actual or apparent (ostensible) and slightly different considerations will apply to corporations and states, but authority must always be present. Absent authority the agreement can, nevertheless, be ratified. Reliance on apparent authority is generally sufficient unless it is unreasonable to do so: a concept closely allied to honesty.

Arbitration: The International Journal of Arbitration, Mediation and Dispute Management