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What's new in the 2021 ICC rules on joinder and consolidation? The most notable change in the new 2021 International Chamber of Commerce (ICC) Arbitration Rules, which are applicable to all ICC arbitrations initiated from 1 January 2021, is to make it easier to join an additional party to a pending arbitration. Under Article 7 of the 2017 ICC rules, a request for joinder made after the confirmation or appointment of any arbitrator was subject to the unanimous consent of all parties. However, the new Article 7(5) of the 2021 rules gives the arbitral tribunal the discretion to grant a request f...

On 15 February 2021, the English Commercial Court in Republic of Sierra Leone v. SL Mining Ltd [2021] EWHC 286 (Comm) ruled on the effect of non-compliance with a multi-tier dispute resolution provision.  The decision (available here) settles a difficult question of English arbitration law.  In summary the English Commercial Court held that: Non-compliance with a multi-tier dispute resolution provision is an issue of admissibility ( i.e. whether the claim is ripe to be heard) rather than jurisdiction ( i.e. whether the tribunal is competent to hear the claim at all). Whether a party has co...

To print this article, all you need is to be registered or login on Mondaq.com. The area of Emergency Arbitration came to light after a much publicised dispute between Future Retail Ltd. and Amazon.com Investment Holding LLC (" Amazon"). There have been only a handful of cases in India which discuss the enforceability of the award passed by an emergency arbitrator. The Bench of the Ld. Single Judge of the Delhi High Court, in its interim order dated 21 December 2020, discussed in detail how the award passed by the emergency arbitrator is enforceable in India. Though th...

The Fundamental Problem International arbitration is facing continued (if not increased) problems stemming from multitier arbitration clauses. What should happen when one party has not complied with a pre-arbitral step but nonetheless commenced arbitral proceedings? Typically, the parties have a satellite dispute: on one side, whether the commencement of the arbitration is void thus depriving the arbitral tribunal of all jurisdiction due to the non-compliance and on the other side, whether such non-compliance is an issue of admissibility that falls within the arbitral tribunal’s remit to ad...

To print this article, all you need is to be registered or login on Mondaq.com. The promise of arbitration has traditionally centred upon a faster, more efficient, and less costly way of resolving commercial disputes. The reality of arbitration proceedings, however, does not always deliver on this promise. Surveys conducted in recent years suggest that cost and delay are some of the negative and discouraging characteristics of international arbitration. They also show a commercial imperative to simplify the arbitral processes, including in particular for lower-value cl...