نوع مقاله : علمی - ترویجی
1 استادیار دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبائی و وکیل دادگستری
2 کارشناس ارشد حقوق خصوصی
عنوان مقاله [English]
International commercial arbitration as private settlement disputes solution plays an important role in international multiple Contracts. Multiple arbitrations which have divergence kinds are known as complex issues at arbitration law and are not well-known both in international and domestic law, but in Third section of ICC arbitration new rules (article 7-10) wildly are considered. Subject to those rules a party wishing to join an additional party to the arbitration shall submit its request for arbitration against the additional party (the “Request for Joinder”).
Multi-parties arbitration, (joint venture and consortium) and claims arising out of or in connection with more than one contract (relations between main contractor with second and third contractors) may be made in a single arbitration, irrespective of whether such claims are made under one or more than one arbitration agreement.
Finally the Court may, at the request of a party, consolidate two or more arbitrations pending under the Rules into single arbitration. In multi-parties arbitration where there are multiple claimants or multiple respondents, and where the dispute is to be referred to three arbitrators, the multiple claimants, jointly and the multiple respondents, jointly, shall nominate an arbitrator and the third arbitrator, who will act as president of the arbitral tribunal, shall be appointed by the Court.