Answer ... The Arbitration Act includes no specific rules regarding consolidation. Multi-party disputes must be resolved by the parties on a contractual basis. Hence, if it is possible to predict that potential disputes could concern multiple claimants or respondents, or relate to several arbitration agreements, the parties should take this into account in the arbitration agreement. The parties may also agree on a solution when a dispute has already arisen, although this is often difficult. The Stockholm Chamber of Commerce Rules include rules on multi-party solutions.
Answer ... See question 21.
Answer ... As a general rule, the arbitration agreement can only bind the parties to the agreement. In certain situations, however, an arbitration agreement may also become binding on third parties. Examples of when this can be the case include:
- a party voluntarily transferring all of its rights and obligations under a contract including an arbitration agreement;
- a guarantor being bound by an arbitration agreement included in the main contract between creditor and debtor; and
- a bankruptcy estate being bound by the bankrupt debtor’s arbitration agreement.
However, the circumstances in each case must be considered and can imply that the third party is not bound by the arbitration agreement.