K.S. Stepanova , 

Postgraduate Researcher at Private International & Civil Law Department, 

Moscow State Institute of International Relations (MGIMO-University), 

Lawyer at the Attorneys-at-law “Loboda, Filimonov & Partners” 

The paper purports to analyse the approaches of the leading arbitration institutions’ rules to the regulation of the mechanism of the consolidation of cases. It addresses the following issues arising out of the consolidation of arbitral proceedings: 1) what are the conditions that have to be met to consolidate cases; 2) who has the power to consolidate cases; 3) what is the time limit for consolidation of cases; 4) what is the procedure for the composition of the arbitral tribunal in a consolidated proceeding. Besides the fact that it eliminates the possibility of rendering conflicting decisions, merger or consolidation of cases contributes to a more efficient resolution of complex dispute, allows to reduce time and monetary costs for the parties. Upon excitation of parallel arbitration proceedings the parties have to prove or challenge the same facts twice. In this regard, increases the time taken by the parties to resolve a dispute, and increases the costs incurred by the parties legal representatives. In addition, the interrelated claims in separate arbitration proceedings more expensive, in terms of the arbitration fee. Based on the results of this research, we offer the most efficient regulation of the consolidation of cases. According to the author, the best method of forming the arbitral Tribunal, when consolidation of cases, is the preservation of the Tribunal formed in the first case, if in the attachable case the arbitrators have not appointed or nominated the same person. If arbitral Tribunals in merge cases are differ, but the parties still insist on their consolidation, should give the parties an opportunity to replace the mismatched of arbitrators within a certain period of time and, only in case of failure to agree on new candidates by the parties, the appointment shall be made by a competent authority of the arbitration Institute. 

Keywords: international commercial arbitration; multiparty arbitration; arbitration agreement; arbitration rules; consolidation of cases. 

References 

Born G.B. International Arbitration. 2nd ed. Kluwer Law International, 2014. 

Fry J., Greenberg S., Mazza F. The Secretariat’s Guide to ICC Arbitration. ICC Publication No. 729E. Paris, 2012. 

Greenberg S., Feris J. R., Albanesi C. Consolidation, Joinder, Cross-Claims, Multiparty and Multicontract Arbitration: Recent ICC Experience. Dossier of the ICC Institute of World Business Law: Multiparty Arbitration. 2010. 

Habegger P.A. The Revised Swiss Rules of International Arbitration: An Overview of the Major Changes. ASA Bulletin. 2012. Vol. 30(2). 

Hanotiau B. Complex Arbitrations: Multiparty, Multicontract, Multi-issue and Class Actions. Kluwer Law International, 2006. 

Panov A.A. Kak reformirovat’ Reglament MKAS pri TPP RF? [How to reform the Rules of the ICAC at the RF CCI?] Vestnik mezhdunarodnogo kommercheskogo arbitrazha = Bulletin of international commercial arbitration. 2015. No. 1(10). (in Russian). 

Pitkowitz N. Chapter II: The Arbitrator and the Arbitration Procedure, Multi-Party Arbitrations – Joinder and Consolidation Under the Vienna Rules 2013 / Klausegger C., Klein P., at al. Austrian Yearbook on International Arbitration. 2015. 

Steingruber A.M. Consent in International Arbitration. Oxford University Press, 2012. 

Voser N. Multi-party Disputes and Joinder of Third Parties. Kluwer Law International, 2009. 

Wade S., Clifford P., Clanchy J. A Commentary on the LCIA Arbitration Rules 2014. Sweet & Maxwell, 2015. 

Information about the author: 

Stepanova K.S. (Moscow, Russia) – Postgraduate Researcher at Private International & Civil Law Department, Moscow State Institute of International Relations (MGIMO-University), Lawyer at the Attorneys-at-law “Loboda, Filimonov & Partners” (127083, Moscow, Business Centre “TRIO”, 8 Marta street 1, bldg. 12, Suite XXV; e-mail: [email protected]).