NEWSLETTER-2019-metin

150 NEWSLETTER 2019 party, there must be more than two parties involved in the arbitration. If there is only one claimant and only one respondent, Article 8 shall not apply. There are three subparagraphs in Article 8 of the ICC Rules. The first paragraph sets forth general rules regarding claims between mul- tiple parties. The second paragraph defines the content of the claims, and the third paragraph is related to the procedure for making the claim and answering it. As seen in the title of Article 8, as well as in Article 8(1), this Article regulates the claims between multiple parties. As per Article 2 of the ICC Rules, “claim” or “claims” include any claim by any party against any other party. Considering the use of “may” in the Article, it is understood that raising claims is not an obligation for the parties, but rather an authority to do so. It should also be stated that Article 8 does not seek to make counterclaims between the parties. Any party may make any claim against any party irrespective of whether that party has made a claim against it. One or more claimants, defendants, and additional parties may make claims against each other. However, the party against which a claim is addressed must already be a party to the arbitration; otherwise, the claiming party must refer to Article 7 of the ICC rules and join the additional party to the arbitration by filing its claim against that party. Although the Article entitles the parties to make claims against each other, there is a time limit in which to do so. According to Ar- ticle 8(1), no new claims may be made after the terms of reference are signed by the parties and the arbitral tribunal, or approved by the Court. As is pointed out, the time to make claims is not limited to the constitution of the arbitral tribunal (unlike Article 7 on the joinder of parties), but to the finalization of the terms of reference. If any party files a claim after the terms of reference is finalized, such claim will be subject to authorization by the arbitral tribunal, and the latter shall rule taking into consideration Article 23(4) of the ICC Rules. When making a claim between multiple parties, Article 8(3) that clarifies how the claims will be made according to the different stages of the proceedings should also be taken into consideration. According