Tribunal appointment—multiple parties
Produced in partnership with Clifford Chance
Tribunal appointment—multiple parties

The following Arbitration guidance note Produced in partnership with Clifford Chance provides comprehensive and up to date legal information covering:

  • Tribunal appointment—multiple parties
  • Difficulties with multiple parties
  • Arbitration agreements
  • Arbitration Act 1996
  • Common arbitrators in multi-contract or related arbitration proceedings
  • Provisions in institutional rules and UNCITRAL rules

Difficulties with multiple parties

Generally the claimant and respondent each appoint an arbitrator and a chairman is then appointed who is party neutral. However, difficulties can arise where there are multiple claimants or respondents, who are unable to agree on a joint arbitrator.

Arbitration agreements

Practitioners dealing with disputes with multiple claimants or respondents must ensure that they comply with any provisions either in the relevant institutional rules, the arbitration agreement or the law of the seat of arbitration. A failure to do so could render an award invalid on the grounds of public policy.

In situations where a future dispute may involve multiple parties, practitioners drafting arbitration agreements, should ensure that this issue is clearly dealt with, either by:

  1. adopting institutional rules which specifically deal with this issue, or

  2. drafting a bespoke agreement which clearly sets out that the multiple claimants or respondents will be bound under the agreement to appoint a joint arbitrator and that in the event that no agreement can be reached the tribunal shall be appointed by a nominating body.

Arbitration Act 1996

In England and Wales where there are multiple parties and there is no agreement between the parties as to appointment, and no institutional rules apply, a party may apply to the court under the section 18 of the Arbitration Act