NEWSLETTER-2019-metin

143 ARBITRATION LAW Complex Arbitrations: An Overall View of the ICC Rules - II* Att. Fatih Isik Introduction This article is the second of a series of articles on the ICC Rules that regulate complex arbitrations. In the first article, the structure of the ICC Rules on complex arbitrations was examined 1 . The details of the ICC Rules and the requirements thereto, will be examined in this article and the upcoming one. In this article, Article 7 that regulates the joinder of additional parties, and Article 10, which regulates consolidation of arbitrations, will be examined. Article 8 and Article 9 that regulate claims between multiple parties and arbitrations with multiple contracts, respectively, will be the topic of the third article of this series. Joinder of Additional Parties – ICC Rules Article 7 Article 7 of the ICC Rules regulates the joinder of additional par- ties to arbitration. While evaluating the joinder of additional parties as per Article 7, three points should be kept in mind. Firstly, the ICC Rules, unlike some other institutional rules, regulate only the joinder, and not the intervention. In other words, a third party cannot intervene in an existing arbitration under the ICC Rules on its own discretion. One of the parties to the arbitration must join that additional party to the arbitration. Secondly, the party who seeks to join an additional party must address a claim against the additional party. A party cannot seek to join an additional party without addressing any claim against it, merely to defend or support its position against the counterparty’s * Article of June 2019 1 Isik, Fatih: “ Complex Arbitrations : An Overall View of the ICC Rules – I” , Er- dem & Erdem Newsletter, March 2019.