Consolidation and Third-Party Joinder in International Commercial Arbitration: Part 1 - Procedural Panacea or Poison?

In recent decades, international commerce has become increasingly complex. When disputes arise there will often be multiple interrelated parties, contracts and claims that are relevant to the adjudication and final resolution of a dispute. While courts in Australia and overseas have powers to consolidate cases and join third parties to litigation for reasons of efficiency or fairness, special considerations apply in the field of international commercial arbitration where primacy has traditionally been given to party autonomy and consent. This article (Part 1 of 2) explores the growth of multiparty and multi -contract disputes in international commercial arbitration, the measures available to address this, and the associated tensions with party autonomy and consent. Part 2 (to be published in the next edition of the ADRJ) will examine the Australian regime and propose some reforms to the International Arbitration Act 1974 (Cth) to address current gaps by empowering arbitral tribunals and courts to make orders for consolidation and joinder in limited circumstances.