Drafting the International Arbitration Clause: Part One

Disputing would like to inform readers about a new series published by Corporate Counsel entitled “Drafting the International Arbitration Clause.” Part One, “Joinder and Consolidation,” was made available earlier this week. In the first installment of their four-part series, Ann Ryan Robertson, Derrick Carson, and David E. Harrell Jr. discuss both topics under the United Nations Commission on International Trade Law (“UNCITRAL”), International Chamber of Commerce (“ICC”), International Centre for Dispute Resolution (“ICDR”), and London Court of International Arbitration (“LCIA”) Rules.

According to the authors:

The issues of joinder and consolidation, arbitrator selection in multiparty disputes, emergency relief and possible appeal have arisen due to the proliferation of complex global trade. An examination of the most popular arbitration rules, however, reveals that the manner in which these issues have been addressed can vary greatly, resulting in unintended results for the unwary. This article on joinder (i.e., adding third parties to an existing arbitration) and consolidation (i.e., combining two or more arbitrations into a single proceeding) is the first in a series of four articles that will be posted over the next several days. The other three will examine arbitrator selection, the availability of interim relief and possible appeals.

Stay tuned for future updates on this valuable and timely series!

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