Multi-party Arbitration Flashcards
what are the 2 situations
Signatories- all have signed the contract-only difficult when their interests arw different
Non-signatories- difficult as need agreement between all parties
Exceprions to the writing requirement
Incorporation by reference- reference to the party in the arbitration clause
Piercing corporate veil- cant be shielded from liability
Agent bind principle
Third party beneficiaries
Estoppel/assumption
Assignment
Whats joinder
A party can agree to be joined to the arbitration, may be necessary if theyre involved in the proceedihs
How to do joinder
Have to recird willingness to join proceedings in witing
If after the contract made, in new clause
What should the joinder agreement include?
Whether arb is insitutional or ad hoc
Scope of agreement- multiparty specification here
Number/appointment of arbitrators
Joinder application made before the tribunal has been appointed
Must have evidence of agreement of joinder in writing
Muyst specify whether joining as an applicant or repspondent
Joinder application made after the tribunal has been appointed
reveiwed by the tribunal and heavily scrutinised to ensure that the award can be enforceable
Consolidation
May be sought, makes a single award for all parties to contract
Higher scrutiny if the agreements contain different provisions
What to consider for consolidation
If theres an agreement to consolidate
If the abritation clauses are identical or compatible
If the disputes arise from one contract or multiple contracts
How to incorportate consolidation
In the arbitration agreement:
Either expresslu
or if the arbitration clauses are identical
Limitation to consolidation
Class actions are favoured
Who hears the application to consolidate
Should be filed to tribunal
Must ensure that it will result in fair, consistent, and procedutally /financially considerate settlement
Alternative to consolidation
Concurrent hearings where same arbitraor hears the disputes on simsilar issues after eachother
Who can file a claim for joinder?
Only the claimant can decide
Authority to exclude parties
if a partyu obkects to participation, it will be subkect to review buy the tribunal
Done on a case by case basis
