Addition of Parties: a vacuum left by the Model Law in need of internationally approved Rules MIGUEL GALVÃO TELES
Addition of parties (full parties) Intervention Joinder
2. The need of one arbitration agreement binding the original 2. The need of one arbitration agreement binding the original and the added parties.
3. The relationship between the issues of addition of parties and of the equality of participation in the choice of arbitrators.
4. The need to distinguish between the addition of parties applied for before and after the constitution of the arbitral tribunal.
5. Addition requested after the constitution of the arbitral tribunal: need of agreement by the party to be joined to the composition of the arbitral tribunal, unless the arbitrators have been appointed without interference of the parties; presumption of agreement in intervention. Criticism of Article 17 (5) of the UNCITRAL draft revised Rules.
6. Addition of parties requested before the constitution of the arbitral tribunal: institutional arbitration; the need to organize participation of the added parties in the choice of arbitrators, under the rules of multiparty arbitration.
7. The Model Law, not (only) the Rules, as the correct location for multiparty arbitration and for addition of parties.
8. The challenge of equality.
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