Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
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?
 
UK
The tribunal has no residual power to order the consolidation of proceedings, but such power may be conferred on it by the parties’ agreement (Section 35).

The parties are free to agree the terms and conditions which may apply to consolidation. Such agreement may be given expressly through the arbitration agreement or by the incorporation of arbitral rules providing for consolidation in certain circumstances.

For more information about this answer please contact: Craig Tevendale 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?
 
UK
The tribunal has no residual power to order the joinder of additional parties to an arbitration which has already been commenced, but such power may be conferred on it by the parties’ agreement.

The parties are free to agree the terms and conditions which may apply to joinder. Such agreement may be given expressly through the arbitration agreement or by the incorporation of arbitral rules providing for joinder in certain circumstances.

For more information about this answer please contact: Craig Tevendale from Herbert Smith Freehills
7.3
Does an arbitration agreement bind assignees or other third parties?
 
UK
Under English law, where contractual rights are assigned, the assignee will usually be bound by any applicable arbitration agreement under the original contract. In such circumstances, the assignee takes the transferred rights with the benefit and the burden of any applicable arbitration agreement. This is consistent with Section 82(2) of the Arbitration Act, which states that references to a party to an arbitration agreement include any person claiming “under or through a party to the agreement”.

A third party with rights under the Contracts (Rights of Third Parties) Act 1999 may also be treated as a party to an arbitration agreement in the underlying contract in respect of any disputes relating to the enforcement of such third-party rights.

For more information about this answer please contact: Craig Tevendale from Herbert Smith Freehills