Multiparty Arbitration
Arbitration involving more than two parties. Multiparty arbitration can create procedural complications that need to be considered during the drafting of an arbitration clause or during the conduct of an arbitral proceeding. Multiparty arbitration does not pose significant problems when the parties consist of two, clearly-defined groups having common interests and a common procedural position (claimant or defendant), with each side being able to nominate an arbitrator. When this is not the case, difficulties can arise with respect to the constitution of the arbitral tribunal. According to a decision of the French Cour de cassation, each party has, in principle, the right to nominate an arbitrator. Many institutional arbitration rules take this into account by requiring the arbitral institution to appoint all members of the tribunal if the parties have been unable to agree to an alternative procedure.
Glossary
- UNCITRAL
- Terms of Reference
- Swiss Chambers’ Court of Arbitration and Mediation (Swiss Chambers)
- Supporting judge
- Substantive law
- Sole arbitrator
- Singapore International Arbitration Centre (SIAC)
- Seat of arbitration
- Request for arbitration
- Provisional and conservatory measures
- Procedural law
- “Pathological clause”
- New York Convention
- London Court of International Arbitration – LCIA
- Lex Mercatoria
- Language of the arbitration
- Investment Arbitration or Investment Treaty Arbitration
- International public policy
- International Chamber of Commerce (ICC) International Court of Arbitration
- International Chamber of Commerce – ICC
- International Centre for Settlement of Investment Disputes (ICSID)
- International Arbitration
- Institutional Arbitration
- Independence and impartiality
- IBA Rules on the Taking of Evidence in International Arbitration
- Honk Kong International Arbitration Centre – HKIAC
- Exequatur
- Enforcement
- Competence – competence
- China International Economic and Trade Arbitration Commission – CIETAC
- Award by consent
- Award
- Arbitrator
- Arbitration rules
- Arbitration law
- Arbitration Institute of the Stockholm Chamber of Commerce (SCC)
- Arbitration agreement
- Arbitration
- Arbitral tribunal
- Arbitral institution
- Arbitral case law or Arbitral precedent
- Appointing authority
- Amiable composition
- American Arbitration Association - AAA
- Ad hoc arbitration
- Action to set aside