Consent and Party Autonomy drive International Arbitration. In International Arbitration relating to construction, energy and infrastructure, the scope of arbitration agreements can be pushed and tested. This is because separate, yet inter-related disputes arising from discrete contracts often seek efficient resolution. Jurisprudence around ‘group of companies’, estoppel, joinder and consolidation cand and ought to be supplemented by evolving theories such as ‘informal parties’, use of Awards in related matters, and non-party disclosure orders. Such ‘alternate solutions’ have strong legal foundations and allowing ‘side-party’ involvement. Using awards in subsequent proceedings can ensure better consistency in orders, directions and awards. Nonparty disclosure orders can ensure that rogue parties don’t escape liability by hiding behind confidentiality provisions. Authors suggest that alternate solutions can increase predictability and efficiency in multi-party, multi-contract international arbitration.
ASA Bulletin