engleski

Multi-Party Arbitration

The author analyses arbitration of disputes arising out of business structures with more than two participating parties. In such disputes, it might seem logical to join arbitration proceedings and thus save time and money, avoid the danger of inconsistent decisions and findings and achieve greater efficiency in the administration of justice. However, the principle of party autonomy and freedom of contract complicate the matter. In many ways the arbitration mechanism is still unprepared for giving general solutions for the problems that may arise. In the meantime, courst have taken the lead role in ordering consolidations of related disputes in some jursidictions. As an important future task, joinder of arbitral proceedings should be introduced in the rules of other arbitration institutions, apart from the ICC which is hte only one that has structured a Guide to Multi-Party Arbitration. How to resolve this matter and at the same time respect the freedom of contract is still an open question.

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