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A Guide to the ICDR International Arbitration Rules, 2nd Edition by Gusy, Martin F; Hosking, James M (21st February 2019)

Part I Commentary on the ICDR International Rules, 7 Article 7—Joinder

Martin F Gusy, James M Hosking

From: A Guide to the ICDR International Arbitration Rules (2nd Edition)

Martin F. Gusy, James M. Hosking

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 18 November 2019

Subject(s):
Arbitration

This chapter discusses Article 7 on joinder of the 2014 ICDR Rules. Article 7 allows a party to a pending arbitration to join an additional party by submitting a Notice of Arbitration against the additional party to the Administrator and at the same time to the additional party and all other parties. It further sets forth the conditions and formal requirements for adding an additional party to the pending arbitration. Ultimately, Article 7 deals with multi-party and multi-contract transaction disputes where not all concerned parties are part of the pending arbitral proceedings, but a full and efficient resolution of the entire dispute would benefit from the participation of all parties in one proceeding. Additionally, a joinder mitigates the risk of inconsistent decisions.

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