Institutional Approaches To Multi-Party And Multi-Contract Disputes In Arbitration

On 26 April 2016, the Stockholm Chamber of Commerce ("SCC") released its draft Arbitration Rules 2017 which propose the introduction or development of provisions relating to multi-party and multi-contract disputes.

Disputes governed by arbitration clauses can involve more than two parties, more than one contract, or both. In these cases, parties often prefer to have one set of proceedings. There are obvious advantages in terms of costs savings and it can also avoid inconsistent determinations where common factual or legal issues are in question.

In the absence of express provisions in this regard, parties may have in the past sought to persuade tribunals that they had the power to join parties or consolidate arbitrations. Rules often contained little to no reference as to the power of institutions or tribunals to do so.