Whilst
arbitration may be very useful for the resolution of disputes relating to a
company, whether this be an “external” dispute between the company and third
parties, and in particular contracting parties, or an “internal” dispute
relating to the company’s “corporate activity”, the development of arbitration
in this area is problematic, since the arbitral award rendered in the context
of such disputes may be of great general interest, which extends beyond the
restricted confines of the parties involved in the arbitration, such as
shareholders who did not participate in the arbitration, directors, or company
creditors. It therefore seems essential, for the development of corporate
arbitration, to carry out an in-depth review of the effect of an arbitral award
on parties who did not participate in the arbitration. This is the question
which this article proposes to consider.