Revista Brasileira de Arbitragem
Volume 11, Issue 42 (2014) pp. 35 – 56

https://doi.org/10.54648/rba2014018

Abstract

ABSTRACT: This paper aims at identifying how multiparty/multicontract arbitration is regulated by arbitration rules of different institutions, in order to assist with the election of the appropriate rules for each case. Three issues were selected as most relevant in multiparty/multicontract arbitration: (i) appointment of arbitrators; (ii) consolidation or separation of arbitral procedings; (iii) third party intervention in arbitral proceedings. Thirty-five rules were analyzed: fourteen of Brazilian institutions, twenty of foreign institutions, including the rules of UNCITRAL - United Nations Commission on International Trade Law. Not all rules govern multiparty/multicontract issues, and as regards those which do, they diverge in relation to some issues and the contents of the rules. Therefore, it was possible to conclude that the parties must strategically consider which institution to conduct the case, and the need to provide for specific matters in the arbitration agreement, so as to cover, in each case, adequate conditions for the resolution of the possible conflict.

Extract

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