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Day 12 of Signature’s Slide Show series – How to join a third party in arbitration proceedings?

By Signature Litigation
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Signature Litigation

The 2021 ICC Rules facilitate joinder of third parties during proceedings (Article 7, paragraph 5): parties are allowed to submit requests for the joinder of third parties once the arbitral tribunal has been appointed or confirmed. Such requests are decided by the arbitral tribunal, provided the joined party accepts the constitution of the arbitral tribunal and the terms of reference.

The decision to accept a request for joinder will however not imply that the arbitral tribunal finds that it has jurisdiction over the joined party (Article 7(5)).

In 2019, 31% of cases submitted to the ICC were multiparty proceedings.

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