Multiple Contracts, Consolidation, and Joinder (Articles 8 and 9)

Abstract This chapter explores in some detail the way that the Rules deal with multiple contracts, consolidation, and joinder. These are subjects that have gained in importance more recently. This is because disputes subject to arbitration have become increasingly complex and nowadays tend to arise from multilayered contractual arrangements that require more creative procedural solutions to ensure efficient and effective dispute resolution by arbitration. To that end, depending on the particular facts of each case, it may be crucial to consolidate two or more arbitral proceedings into one, to join a third party to pending arbitral proceedings, or to opt for multi-contract arbitration, resolving disputes arising from two or more contracts in one single set of arbitral proceedings. Articles 8 and 9 of the Rules provide a reliable procedural framework for multi-contract arbitration, consolidation, and joinder, for use in DIAC arbitration. Importantly, neither the UAE Federal Arbitration Law nor the DIFC Arbitration Law contain provisions to this effect. Therefore, in Dubai- or DIFC-seated arbitrations under the Rules, to benefit from consolidation or joinder, the parties will exclusively have to rely on the Rules.