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Published byEeva-Kaarina Haapasalo Modified over 5 years ago
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Addition of Parties: a vacuum left by the Model Law in need of internationally approved Rules
MIGUEL GALVÃO TELES
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Addition of parties (full parties) Intervention Joinder
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2. The need of one arbitration agreement binding the original
2. The need of one arbitration agreement binding the original and the added parties.
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3. The relationship between the issues of addition of parties and of the equality of participation in the choice of arbitrators.
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4. The need to distinguish between the addition of parties applied for before and after the constitution of the arbitral tribunal.
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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.
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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.
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7. The Model Law, not (only) the Rules, as the correct location for multiparty arbitration and for addition of parties.
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8. The challenge of equality.
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