Answer ... The Civil Procedure Code does not contain express provisions on the consolidation of separate arbitrations.
The Arbitration Rules of the Court attached to the Romanian Chamber of Commerce state that either party may apply, either with the request for arbitration or the response thereto, for consolidation of the proceedings with arbitration that are already pending. The tribunal may accept the consolidation request if:
- all parties agree to the consolidation;
- all claims are made under the same arbitration agreement; or
- if the claims are made under more than one arbitration agreement, the relief sought arises from the same transaction or series of transactions and the tribunal considers the arbitration agreements to be compatible.
Answer ... Unless the arbitration agreement provides otherwise, third parties are entitled to participate in arbitration proceedings only if they consent and with the consent of all other parties. The consent of all parties to the arbitration is not required if a third party joins the arbitration proceedings only to support the position of one of the existing parties (interventie accesorie).
Answer ... No express provision regulates this issue, but it appears that the question of the scope and effectiveness of an assignment of contractual rights - in particular, whether it covers the rights under the arbitration agreement - is governed by ordinary contract law and is therefore a matter of interpretation of assignment of the contract.
An arbitration agreement will not bind a party which is not privy to it in the ordinary sense of contract law.