NEWSLETTER-2019-metin

154 NEWSLETTER 2019 In a Nutshell In light of the foregoing, it might be helpful to summarize the ap- plication of Article 6(4) of the ICC Rules in the case of multi-contract and multi-party arbitrations : • If there are two parties, and the claims are based on one ar- bitration agreement only, the first sentence of Article 6(4) applies. • If there are more than two parties, and the claims are based on only one arbitration agreement, the requirements of Artic- le 6(4)(i) also apply. • If there are two parties, and the claims are based on two or more arbitration agreements, the requirements of Article 6(4) (ii) also apply. • If there are more than two parties, and the claims are based on two or more arbitration agreements, the specific require- ments under both Article 6(4)(i) and Article 6(4)(ii) apply. As a final note: The Court does not apply the requirements, sepa- rately; rather, it makes an holistic assessment of the case. Conclusion In the third and last of this article series on complex arbitrations, the provisions of Article 8 and Article 9 that regulate claims between multiple parties and arbitrations with multiple contracts, respectively, and their relations with Article 6(4)(i) and 6(4)(ii), are examined. As has been set forth in this article series, complex arbitrations are one of the most complicated issues in the arena of international ar- bitration. The need to resolve complex disputes that arise out of com- mercial transactions with multiple contracts and multiple parties, on the one hand, and the consensual nature of arbitration agreements, on the other hand, raise several procedural and jurisdictional problems. However, the ICC Rules has specific regulations as to these matters that have been adopted as a consequence of long-lasting experiences.