CEU Electronic Theses and Dissertations, 2021
| Author | Eminli, Humay |
|---|---|
| Title | Joinder of the non-consenting third party in international commercial arbitration and its legal implications: analysis of institutional arbitration rules and national arbitration laws |
| Summary | The joinder of the non-consenting third party to the arbitration proceeding may have the legal implications since party autonomy is a fundamental principle of the international arbitration. These disadvantages include limitations of the third party’s right to equal participation, the concern of the confidentiality of the arbitral proceedings, and possible adverse recourse against the final award initiated by the third party forced to joinder. However, the joinder of the third party is also crucial to ensure procedural efficiency and prevent parallel arbitral proceedings with conflicting awards. The thesis first focuses on the joinder as a procedural mechanism applied in international arbitration and identifies this procedural mechanism’s objective and dilemma on its regulation. Then, the thesis analyses the provision of the national arbitration laws and institutional rules on joinder. The evaluation of institutional rules includes their comparative analysis based on two factors: consent for joinder and equal participation right of the party joinder to arbitral proceeding. Subsequently, the thesis explores the limitations related to the judicial review of the award and its annulment on the ground of violation of public policy concerns. The thesis finds that although the joinder of the third non-consenting party to an arbitral proceeding may have legal implications, it is necessary to allow such broad power of the arbitral institutions and arbitral tribunal to order joinder despite the objection of a third party. However, this broad power on deciding the third party’s joinder should be balanced with the guarantee of the third party participating in the appointment and constitution of arbitral tribunal equally. |
| Supervisor | Markus Aurel Petsche |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2021/eminli_humay.pdf |
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