ICDR Rules (2014)—multi-party arbitration, joinder and consolidation
Produced in partnership with Timothy Tyler (Houston), Laurel S. Fensterstock (New York), and Logan Lewis (New York) of Vinson & Elkins LLP

The following Arbitration practice note produced in partnership with Timothy Tyler (Houston), Laurel S. Fensterstock (New York), and Logan Lewis (New York) of Vinson & Elkins LLP provides comprehensive and up to date legal information covering:

  • ICDR Rules (2014)—multi-party arbitration, joinder and consolidation
  • The relevance of the Answer to Notice of Arbitration in multi-party situations
  • Appointment of the tribunal
  • Joining a third party (joinder)
  • Consolidation

ICDR Rules (2014)—multi-party arbitration, joinder and consolidation

STOP PRESS: This content is under review in light of the revisions to the ICDR International Dispute Resolution Procedures, which take effect on 1 March 2021.

CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. For information on how this content and relevant arbitration proceedings may be impacted, see Practice Note: Arbitral organisations and coronavirus (COVID-19)—practical impact. For additional information, see: Coronavirus (COVID-19) and arbitration—overview.

This Practice Note considers multi-party and multi-contract issues under the International Centre for Dispute Resolution (ICDR) International Dispute Resolution Procedures (including Mediation and Arbitration Rules) (the International Rules) amended and effective 1 June 2014.

For an introduction to the International Rules, including how to commence and respond to ICDR arbitration proceedings, see Practice Note: ICDR Arbitration Rules (2014)—introduction, commencing and responding. For guidance on the American Arbitration Association® (AAA), see: AAA arbitration—overview.

The relevance of the Answer to Notice of Arbitration in multi-party situations

When an ICDR arbitration is commenced by or against more than one party, each respondent may object to jurisdiction or admissibility of the claims or a claim (ICDR, art 19(3)). A respondent may make counterclaims or assert set-offs against the claimant (ICDR, art 3(2)). A respondent may also make claims or assert set-offs against another respondent as a part

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