NEWSLETTER-2019-metin

140 NEWSLETTER 2019 Articles 7 and 8 may be referred to as the basis for multi-party arbitrations; whereas, Article 9 may be classified as the basis of multi- contract arbitrations. Article 10 covers both of these matters. The provisions of the ICC Rules on complex arbitrations make clear reference to Article 6 of the ICC Rules that regulate the effect of arbitration agreements. Although the ICC Rules regulate provisions on “multi-party arbitrations” and “arbitration with multiple contracts,” the alternative dispute resolution nature of arbitrations, based on the consent of the parties, should not be forgotten. For this reason, when the rules of complex arbitrations are examined (namely Articles 7-10), Article 6 and its subparagraphs 3 to 7, should always be taken into consideration, as well. Under the provisions of complex arbitrations, Article 10, which regulates the consolidation of arbitrations, stands alone by not making any reference to Article 6(3)-6(7). This is conceivable as Article 10 covers the period after the prima facie assessment as to jurisdiction is made by the Court, and the subject matter concerning consolidations concerns arbitrations that are pending. In addition to Articles 7-10 and 6(3)-(7) of the ICC Rules, Ar- ticle 4(3) on Request for Arbitration, Article 5(5) on Answer to the Request for Arbitration, Article 12 on Appointment of Arbitrators, and Article 36 on Advance on Costs, are also influenced by the provisions on complex arbitrations. However, in this article series, only Articles 7-10 and 6(3)-(7) of the ICC Rules will be examined. Articles 6(3)-(7) of the ICC Rules The consensual nature of arbitration as a dispute resolution mech- anism is emphasized again via the references to Article 6(3)-6(7) in Articles 7-10. Moreover, these references reiterate two basic principles of arbitration: prima facie assessment of the Court and competence- competence. Article 6(3) and 6(5) set forth that the jurisdictional is- sues are decided by the Court on a prima facie basis, and will finally be resolved by the arbitral tribunal. The provisions of Article 6(3)-(7) follow a specific order. Article 6(3) and Article 6(5) regulate the authorities in assessing matters of