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?
 
Macedonia
The Arbitration Act does not expressly address the consolidation of separate arbitrations and thus does not prohibit it. Consequently, consolidation may be determined, for example, based on the arbitration agreement or the application of specific arbitration rules that allow for consolidation.

For more information about this answer please contact: Slaven Moravčević from Schoenherr Attorneys at Law
7.2
Does the law in your jurisdiction permit the joinder of additional parties to an arbitration which has already commenced?
 
Macedonia
The Arbitration Act does not address the joinder of additional parties to an arbitration which has already commenced. However, based on the provisions of the Arbitration Act, the parties are free to agree on the procedure to be followed by the tribunal in conducting the proceedings and can thus also agree on the joinder of additional parties (Article 19(1)). The joinder may also be allowed by the specific arbitration rules that are applicable to the particular dispute.

For more information about this answer please contact: Slaven Moravčević from Schoenherr Attorneys at Law
7.3
Does an arbitration agreement bind assignees or other third parties?
 
Macedonia
The Arbitration Act does not specify the situations in which an arbitration agreement can bind third parties. However, based on the general rules governing contracts in Macedonia - which prescribe that rights and obligations arising out of the contract are in principle transferable (eg, by assignment) (Articles 10 and 132 of the Contracts and Torts Act) - to the extent that Macedonian substantive law applies to a particular dispute, it could be argued that in case of assignment of an underlying contract or claim (or a similar transfer of claim), the arbitration agreement should remain valid and also bind the assignees. Beyond these situations - for example, in the case of affiliated companies or similar - it seems that an arbitration agreement cannot apply to third parties.

For more information about this answer please contact: Slaven Moravčević from Schoenherr Attorneys at Law