Part I Commentary on the ICDR International Rules, 7 Article 7—Joinder
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
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.