NEWSLETTER-2019-metin

139 ARBITRATION LAW Court’s discretion on prima facie assessments as to jurisdiction. The 2012 ICC Rules codified the existing practices of the Court under the 1998 ICC Rules. These rules brought predictability to the arbitration community, and also provided the Court, the arbitral tribunals, and the parties, with a procedural framework. The main reason for these complex arbitration provisions is the rise in the amount of cases extending beyond the classic model of ar- bitration with two parties. This is a natural consequence of rapidly in- creasing complex transactions in which multiple parties are involved, and the parties to transactions concluding more than one contract. In such relations, the outcome of these types of arbitrations may affect third parties. Also, there may be direct claims, counterclaims, cross claims, as well as recourse claims between the parties. According to the 2017 statistics of the ICC 2 , greater than one- third (37 %) of their cases involved multiple parties. Out of these mul- tiparty cases, 13% were comprised of more than five parties; whereas, this rate was 3 % for cases involving more than ten parties. The most common configuration in multiparty cases was one claimant versus several respondents (54 %), with one case involving as many as 36 respondents. The Structure of the ICC Rules Related to Complex Arbitrations The ICC Rules cover complex arbitrations that fall into the provi- sions as set forth, below: • Article 7 as to the joinder of additional parties; • Article 8 as to the claims between multiple parties; • Article 9 as to arbitrations that are based on multiple cont- racts; and • Article 10 concerning the consolidation of arbitrations. 2 https://iccwbo.org/publication/2017-icc-dispute-resolution-statistics/