Multi-Party and Multi-Contract Arbitrations: Procedural Mechanisms and Interpretation of Arbitration Agreements Under U.S. Law

Abstract

Most legal systems have developed mechanisms, such as consolidation of procedures, joinder of claims or parties, and intervention, to achieve efficient and fair procedural solutions in disputes involving more than two parties or claims relating to more than one contract. In arbitration, these devices are often not available. Arbitration rules generally do not address multi-party and multi-contract disputes, and the Federal Arbitration Act also does not provide for joinder or consolidation. This Note examines whether, in the absence of express legislative guidance, arbitral tribunals may nevertheless order joinder of parties or claims or consolidation of arbitrations under U.S. law. In particular, the Note explores tools of contract interpretation arbitrators may use to determine whether parties intended to agree to joinder or consolidation, even if the arbitration agreement does not expressly contemplate these devices.

Keywords: International Commercial Arbitration; Multi-Party Arbitration; Interpretation of Arbitration Agreements