In today’s interdependent world, commercial transactions tend to be more and more complex, often involving multinational companies. Therefore, the disputes that may arise are often connected with multiple contracts and several parties. In these cases, the question arises whether an arbitration clause can be extended to non-signatories.
If separate arbitration proceedings need to be started, can these different proceedings be consolidated and under what conditions? How does one handle these complex or parallel proceedings in the interests of the best administration of justice? Published under the auspices of the ICC Institute of World Business Law, “Multiparty Arbitration” seeks to encourage reflection on these questions and many others recurrent in complex multiparty, multi-contract arbitrations.
Issues covered in this publication are:
- Multiple parties and multiple contracts: divergent or comparable issues?
- The limits of consent: the right or obligation to arbitrate of non-signatories in groups of companies
Consolidation, joinder and cross-claims: multi-party and multi-contract arbitration