MULTIPARTY ARBITRATION – PROBLEMS AND LATEST DEVELOPMENTS
MULTIPARTY ARBITRATION – PROBLEMS AND LATEST DEVELOPMENTS

Summary/Abstract: The author presents key issues related to participation of multiple parties in the arbitration procedure. Consolidation of arbitration proceeding, resulting in a multi-party procedural relationship, as well as joinder and intervention of third persons, non-signatories to the arbitration agreement, are viewed for the purpose of identifying possible problems their emergence in arbitration may cause. The development of judicial approach to procedural questions raised by participation of multiple subjects in the contractual relationships, out of which the dispute before the arbitral tribunal has arisen, is showcased through the analysis of the 2010 United States Supreme Court Decision, which sets grounds for restricting multi-party arbitration only to situations where participation of multiple parties in a single proceeding is expressly provided for in the arbitration agreement.

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