As arbitrations are getting more and more complex, they are often not just bilateral disputes but involve different parties or contracts. This might range from a class action to involving a group of companies in an arbitration. This poses a few policy as well as practical questions regarding the joinder of third parties and the consolidation of arbitrations. This further raises questions such as what should be the test for allowing such joinders or consolidations, how should the arbitrators be appointed in such a case, can an arbitral award be enforced against a non-party, etc. There is also the question of cross-institutional consolidation of disputes and the need for a salient procedure for the same. The aim of this conference in this session is to see how these issues are dealt with in different jurisdictions and how India should modify its laws to adapt to such changes.
Moderator: Ms. Anuradha Agnihotri
Mr. Salim Moollan QC
Mr. Promod Nair
Ms. Shaneen Parikh