i-law

Transnational Construction Arbitration


Page 48

CHAPTER 5

Arbitration and the expanding circle of consenting parties: joinder of additional parties and consolidation of related claims

Arbitration and the expanding circle of consenting parties: joinder of additional parties and consolidation of related claims

Neil Andrews

Introduction

The voluntary principle (need for party consent)

5.1 The basic proposition (hereafter the voluntary principle) is that arbitral tribunals cannot require joinder of additional parties (including use of the procedural mechanism of representation, see paragraphs 5.45 to 5.48 of this chapter), or consolidation of related arbitration references, unless all parties (subsisting and prospective) consent.1 Such consent can be given either immediately before the relevant procedural variation or much earlier, notably by agreeing to institutional rules which permit this.2

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.