ICC (2012)—multi-party, multi-contract, joinder and consolidation [Archived]

The following Arbitration practice note provides comprehensive and up to date legal information covering:

  • ICC (2012)—multi-party, multi-contract, joinder and consolidation [Archived]
  • Joinder of additional parties
  • Request for Joinder
  • Voluntary additional party joinder
  • Answer to the request for joinder
  • Additional parties and multiple contracts
  • Claims between multiple parties
  • Responding to claims made under Article 8
  • Multiple contracts
  • Consolidation of Arbitrations

ICC (2012)—multi-party, multi-contract, joinder and consolidation [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.

This Practice Note considers the issues arising out of multi-party and/or multi-contract arbitrations under the 2012 International Chamber of Commerce (ICC) Rules of Arbitration (2012 ICC Rules).

The 2012 ICC Rules apply to any ICC arbitration commenced on or after 1 January 2012, unless the parties have agreed to submit to the rules in force at the date of their arbitration agreement.

For guidance on the 2017 ICC Rules, see ICC arbitration—overview.

Joinder of additional parties

Article 7 of the 2012 ICC Rules (ICC, art 7) deals with joining additional parties to existing arbitration proceedings.

Before the introduction of article 7, the ICC Court adopted the traditional approach that, generally speaking, the claimant determined the parties to arbitration proceedings. The advantage in being able to determine the parties to the arbitration, as well as other real and perceived administrative advantages, has led many parties to prefer acting as claimant.

Article 7, introduced in 2012, seeks to place the parties on an equal footing in relation to the determination of parties. It permits any existing party to an ICC arbitration to make a request to join an additional party which was bound by the original arbitration agreement.

Request for Joinder

A party wishing to join an additional party (or parties) to arbitration proceedings must submit a request

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