NEWSLETTER-2019-metin

149 ARBITRATION LAW Complex Arbitrations: An Overall View of the ICC Rules - III* Att. Fatih Isik Introduction This article is the third and last of a series of articles on the ICC Rules that regulates complex arbitrations. In the first article, the structure of the ICC Rules on complex arbitrations 1 and, in the second one, Article 7 regulating the joinder of additional parties, and Article 10 regulating consolidation of arbitrations, were examined 2 . In this article, Article 8 and Article 9 that regulate claims between multiple parties and arbitrations with multiple contracts, respectively, will be examined. As stated in the first article, the ICC Rules’ provisions on com- plex arbitrations make clear reference to Article 6 of the ICC Rules that regulate the effect of arbitration agreements. Particularly, Article 6(4)(i) relates to multi-party arbitrations; whereas, Article 6(4)(ii) sets forth the requirements for multi-contract arbitrations if there are multiple arbitration agreements. For this reason, when the rules of complex arbitrations on multi-contract and multi-party arbitrations are examined, Article 6(4) and its subparagraphs (i) and (ii), should always be taken into consideration, as well. Claims between Multiple Parties – ICC Rules Article 8 First of all, Article 8 applies if there is a multi-party arbitration. This means that either as respondent or as claimant, or as an additional * Article of August 2019 1 Isik, Fatih: “Complex Arbitrations : An Overall View of the ICC Rules – I” , Er- dem & Erdem Newsletter, March 2019. 2 Isik, Fatih: “Complex Arbitrations : An Overall View of the ICC Rules – II” , Erdem & Erdem Newsletter, June 2019.