Multiparty Arbitration

ICC Dossiers Volume 7

One third of ICC international arbitrations involve complex multiparty multi-contract issues.

Given the increasing number and complexity of commercial transactions, more and more international arbitrations involve disputes arising from, or connected with, more than one contract and more than two parties. Such disputes involve many complex issues relating in particular to jurisdiction and merits: May an arbitration clause be extended to non-signatory party or parties? To what extent can one bring to a single arbitration proceeding the various parties who have participated in a single economic transaction through several contracts? If separate arbitration proceedings need to be started, can they be Consolidated and under what conditions? Can a respondent join another party or parties, be they privy to the arbitration agreement or third parties? Can a respondent in the arbitration proceedings bring a claim against another respondent? What are the consequences of the answers to the above questions and others for the enforceability of the award? Is class wide arbitration possible and desirable? How does it work?

Dossier VII of the ICC Institute, Multiparty Arbitration, seeks to encourage reflection on these issues and many others recurrent in complex multiparty multi-contracts arbitrations

The contributors to this Dossier include:

• Gerald Aksen
• Christian Albanesi
• Sbastien Besson
• Stephen R. Bond
• Kristof Cox
• Yves Derains
• Jos Ricardo Feris
• Simon Greenberg
• Fernando Mantilla Serrano
• Pierre Mayer
• Georgios Petrochilos
• S.I. Strong
• John M. Townsend
• Karim Youssef

The ICC Institute of World Business Law brings together the finest legal minds to strengthen links between international business practitioners and the legal profession. The Institutes Dossiers is a series that has gained international prestige. These Dossiers are the outcome of the Institutes annual meetings, where experts from around the globe come together to discuss salient issues of international commercial law and arbitration.

An ICC Services publication, distributed by Kluwer Law International.