ICC (2017)—multi-party, multi-contract, joinder and consolidation
ICC (2017)—multi-party, multi-contract, joinder and consolidation

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

  • ICC (2017)—multi-party, multi-contract, joinder and consolidation
  • 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

This Practice Note considers the issues arising out of multi-party and/or multi-contract arbitration proceedings under the 2017 International Chamber of Commerce (ICC) Rules of Arbitration (2017 ICC Rules).

The 2017 ICC Rules apply to any ICC arbitrations commenced on or after 1 March 2017, unless the parties have agreed to submit to the rules in force on the date of their arbitration agreement.

The 2017 ICC Rules include:

  1. an expedited procedure which automatically applies where the arbitration agreement is entered into after 1 March 2017 and the amount in dispute is below US$2m. In cases above this threshold, the parties must opt-in. For guidance on the ICC expedited procedure, see Practice Note: ICC Rules (2017)—expedited procedure

  2. amended costs provisions effective from 1 January 2017. For guidance on costs in ICC proceedings, see Practice Note: ICC (2017)—fees, advances and costs

For guidance on the 2012 ICC Rules, see ICC arbitration—overview.

Joinder of additional parties

Article 7 of the ICC Rules deals with joining additional parties to existing ICC arbitration proceedings.

Before the introduction of ICC, art 7, the ICC Court adopted the 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.