Answer ... The Arbitration Act includes no provisions on this. Nonetheless, this does not necessarily mean that the consolidation of separate arbitrations into a single arbitration proceeding is forbidden. It depends on whether the procedural rules agreed by the parties (Article 26.1) allow for such consolidation. In Spain, the regulations of several courts of arbitration contain provisions on the consolidation of arbitration proceedings (eg, those of the Corte de Arbitraje de Madrid and the Corte de Arbitraje del Ilustre Colegio de Abogados de Madrid).

Answer ... The Arbitration Act includes no provisions on this. Nonetheless, this does not necessarily mean that the joinder of additional parties to an arbitration that has already been commenced is forbidden. It depends on whether the procedural rules agreed by the parties (Article 26.1) allow for such joinder. In Spain, the regulations of several courts of arbitration contain provisions on the joinder of additional parties (eg, those of the Corte de Arbitraje de Madrid and the Corte de Arbitraje del Ilustre Colegio de Abogados de Madrid).

Answer ... No. On the ground of being a contract, the arbitration agreement cannot bind third parties (rule of the res inter alios acta). Third parties can be bound by an agreement only when they accept to be so, in which case they cease to be third parties.

In the case of assignment of an agreement that includes an arbitration clause, in principle, the assignee will be bound by the assigned agreement as a whole - that is, under the exact terms as the assignor - and as such will also be bound to submit a dispute to arbitration as foreseen by the arbitration clause. Nonetheless, this will depend on what the law applicable to the agreement, which is that applicable to the assignment, provides on the subject.