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?
 
Montenegro
The Arbitration Act does not contain provisions dealing with consolidation and thus does not prohibit this. As a result, consolidation may be effected, for example, through the parties’ agreement, either expressly in the arbitration agreement or by way of application of a specific set of arbitral rules that allow for consolidation of arbitrations.

For more information about this answer please contact: Tanja Šumar 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?
 
Montenegro
The Arbitration Act likewise does not contain provisions dealing with joinder of additional parties. Therefore, joinder of parties is not prohibited in principle, and could follow from the parties’ agreement in the arbitration clause or the application of arbitral rules that allow joinders.

For more information about this answer please contact: Tanja Šumar from Schoenherr Attorneys at Law
7.3
Does an arbitration agreement bind assignees or other third parties?
 
Montenegro
No provisions in the Arbitration Act expressly regulate the assignment of an arbitration agreement. If Montenegrin substantive law is applicable, however, the arbitration agreement may be passed on to an assignee through an assignment of contract under the Montenegrin Obligations Act (Article 139). The Obligations Act also stipulates that an agreement is binding on its parties only and creates no obligations or rights for third parties (Article 10).

For more information about this answer please contact: Tanja Šumar from Schoenherr Attorneys at Law