Intervention in an Arbitral Proceeding Under Annex VII to the UNCLOS?

Abstract

Intervention in an international proceeding is only permissible with the consent of the parties to a case, expressed either as a general consent for a certain category of matters or as a specific consent for a particular case or a particular request for intervention. Treaty practice demonstrates this point. The UNCLOS, including Annex VII, does not contain such consent (more in terms of general consent if at all) to intervention in an Annex VII arbitral proceeding, although intervention is possible by separate consent if given by the parties in an act additional to the UNCLOS. Article 5 of Annex VII authorizing rule-making does not extend so far as to allow an Annex VII arbitral tribunal to make, without the consent of the parties, a rule that would permit intervention. Nor does such a tribunal have any inherent power or jurisdiction — independent of the consent of the parties in a case — that would allow it to permit intervention without the consent of the parties. Any innovation in this area will bring great harm to the institution of international arbitration under the UNCLOS and generally.

Note: Downloadable document is the Introduction only.

Keywords: intervention; Annex VII arbitration