NEWSLETTER-2020-metin

197 ARBITRATION LAW The 2021 Arbitration Rules also list the considerations that the arbitral tribunal may take into account while making its decision on the request for joinder. These considerations are whether the arbitral tribunal has jurisdiction on the additional party, the timing of the re- quest for joinder, any conflict of interest issues and the effect of the joinder on the arbitral proceedings. Consolidation (Article 10) The amendment made to Article 10 aims to create foreseeability and certainty as to when the ICC Court may order consolidation. This revision is not regarded as controversial but rather tries to ease out some of the practical issues raised in the ICC Court. One of the issues that has been previously discussed in terms of consolidation is the interpretation of the “same arbitration agreement,” which is now clarified with the amendment brought under the 2021 Arbitration Rules. In terms of the 2017 Arbitration Rules it has been questioned by practitioners whether consolidation is possible for dis- putes arising under different agreements that have similar arbitration agreements. Article 10(b) clarifies that the ICC Court may, when a request is made, consolidate two or more arbitrations into a single arbitration where all of the claims in the arbitrations are made under the same arbitration agreement or agreements. If the claims in the arbitrations are not made under the same arbi- tration agreement or agreements, but the arbitrations are between the same parties and the disputes have arisen in connection with the same legal relationship and the ICC Court finds the arbitration agreements to be compatible two or more arbitrations may also be consolidated under Article 10(c). Constitution of the Arbitral Tribunal (Article 12) Article 12 has a new provision that allows the ICC Court to ap- point all three members of the arbitral tribunal. This provision is one of the most significant and controversial amendments in the 2021 Arbitration Rules. This revision as put forth by the ICC was inspired