No man is good enough to govern another man without the other’s consent
Abraham Lincoln
Arbitration is a creature of consent: parties agree to contract out of a state court system and into a private dispute resolution mechanism. Subject to some mandatory provisions to safeguard the process, parties can agree on most things. Joining third parties is a complex area of consent. Consent may take many forms but most typically will come from the incorporation of institutional rules that provide for joinder or consolidation. There is a good degree of similarity between the claim to be joined and the existing claim, and both claims generally share the same seat, governing laws and institutional rules. In many cases the same agreement to arbitrate is required. The entity deciding the joinder is likely to be most influenced by considerations of efficiency.
Arbitration: The International Journal of Arbitration, Mediation and Dispute Management