NEWSLETTER-2019-metin

151 ARBITRATION LAW to this sub-paragraph, if the claims are made prior to the Secretariat transmitting the file to the arbitral tribunal, the provisions related to request for arbitration, and answer to the request for arbitration, shall apply mutatis mutandis . If the claims are to be made after the Sec- retariat transmits the file to the arbitral tribunal, then the latter shall determine the procedure. There is no restriction or guideline as to how the arbitral tribunal shall make such determination. Article 8(1) makes reference to the provisions of Articles 6(3)- 6(7) and Article 9. As per these references, it should be kept in mind that all parties against which a claim will be made must be a party with respect to which the Court is prima facie satisfied that an arbitra- tion agreement under the Rules binds it. Thus, if a claim is made by one of the parties against any of the parties, the Court shall decide whether such claim may be made against that party as per the relevant arbitration agreement. If the claims are based on a different arbitration agreement, then Article 9 shall apply. Multiple Contracts – ICC Rules Article 9 Article 9 of the ICC Rules regulates arbitrations with multiple contracts. This Article makes clear that claims under different con- tracts and different arbitration agreements may be brought in the same arbitration. There is no restriction of any number for party, contract and arbitration agreement. It should not be thought that the claims in a multi-contract arbitration must be made by the same party. For instance, the respondent may make a claim under a different contract or different arbitration agreement. What is important here is that the parties must specify which claim is made under which arbitration agreement (ICC Rules Article 4(3)(e-f)). At this point, it should be repeated that this provision of Article 9 starts with the references to Articles 6(3)-6(7) and Article 23(4). These references mean that the claims must be made until the terms of reference are established and the jurisdiction is upheld by the Court as a consequence of its prima facie assessment. The second important result of these references is the application of Article 6(4)(ii), which will be elaborated upon, below.