MULTI-PARTY ARBITRATION: THE ORGANISATION OF MULTI-PARTY PROCEEDINGS – THE PROBLEMS FACED BY PARTIES AND ARBITRATORS
MULTI-PARTY ARBITRATION: THE ORGANISATION OF MULTI-PARTY PROCEEDINGS – THE PROBLEMS FACED BY PARTIES AND ARBITRATORS

Summary/Abstract: An inquiry into what problems are faced by parties and arbitrators in multiparty arbitrations must start with the question: When are there more parties involved in arbitration proceedings? Thus the circumstances that give rise to “multi-party arbitration” are identified, and the background to such issues as the perennial questions of “When may an arbitration clause be extended to non-signatories?” and “When may the proceedings be extended to others involved in the same economic transaction?” are covered with reference to some of the key cases that instigated a change of approach. The organization of the arbitral proceedings in such multi-party arbitral proceedings is then examined, first from the point of view of the parties and then from the point of view of the arbitral tribunal. From the point of view of the parties the issue of appointment of the arbitrators and the setting up of the arbitral tribunal is discussed, and reference is made to the specific provisions of various institutional rules regarding multi-party arbitral proceedings. The alternatives that are available and what is advisable are discussed. The possibilities of consolidating parallel proceedings and the advisability of thus creating multi-party proceedings, are looked at, again with reference also to the provisions of the rules of various arbitral institutions.

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