Comparative Guides
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Results: 4 Answers
International Arbitration
7.
Consolidation and third parties
7.1
Does the law in your jurisdiction permit consolidation of separate arbitrations into a single arbitration proceeding? Are there any conditions which apply to consolidation?
 
South Africa
Yes, Section 10 of the International Arbitration Act provides for the consolidation of arbitral proceedings, but only if the parties agree.

The tribunal is not empowered to order consolidation in the absence of agreement by the parties.

No further conditions are imposed.

For more information about this answer please contact: Jonathan Ripley-Evans from Herbert Smith Freehills
7.2
Does the law in your jurisdiction permit the joinder of additional parties to an arbitration which has already commenced?
 
South Africa
The joinder of additional parties is not governed by the International Arbitration Act. It is submitted that this is to be regarded as a procedural aspect subject to agreement by the parties.

The act does not preclude the joinder of additional parties.

For more information about this answer please contact: Jonathan Ripley-Evans from Herbert Smith Freehills
7.3
Does an arbitration agreement bind assignees or other third parties?
 
South Africa
The International Arbitration Act provides neither for assignment of the agreement nor for the binding of third parties.

It is submitted that this question should be determined in accordance with the substantive law governing the arbitration agreement.

For more information about this answer please contact: Jonathan Ripley-Evans from Herbert Smith Freehills