About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

33 St. Louis U. L.J. 495 (1988-1989)
Compulsory Consolidation of Commercial Arbitration Disputes

handle is hein.journals/stlulj33 and id is 505 raw text is: COMMENT COMPULSORY CONSOLIDATION OF COMMERCIAL ARBITRATION DISPUTES I. INTRODUCTION Unlike traditional arbitration, multiparty arbitration involves more than two parties.1 The parties involved in a multiparty arbitration pro- ceeding are contractually related in one of two ways.' In the most sim- ple arrangement, the parties are linked by a single multiparty con- tract.3 The contract may embody the relevant arbitration agreement,' or the parties may sign a multiparty arbitration agreement separate from the main contract.5 Whatever the form chosen, the signatory par- ties have expressly agreed to submit all disputes arising under the con- tract to a multiparty arbitration proceeding. In the second arrangement, a third party, not an original dispu- tant, is brought into an arbitration proceeding on the basis of the third party's privity of contract with one of the other two parties.6 For exam- ple, an owner contracts with a contractor. The contractor in turn con- tracts with a subcontractor. Both contracts include a clause stating that all disputes under the contract will be resolved by arbitration. When a 1. Arbitration is a private process in which disputing parties voluntarily submit their claims to one or more third parties for resolution. See M. DOMKE, DoMKE ON COMMERCIAL ARBITRATION § 1.01 (G. Wilner rev. ed. 1984). Multiparty arbitration occurs in a number of diverse commercial situations. Some examples are sales con- tracts, investment contracts, and construction contracts. See Devitt, Multiparty Con- troversies in International Construction Arbitrations, 17 INT'L LAW. 669, 669 (1983). Multiparty arbitration is also common in ship charter arrangements. See Stipanowich, Arbitration and the Multiparty Dispute: The Search for Workable Solutions, 72 IOWA L. REV. 473, 481 (1987). 2. See Hascher, Consolidation of Arbitration by American Courts: Fostering or Hampering International Commercial Arbitration?, 1 J. INT'L ARB. 127, 127 (1984). 3. Id. 4. id. 5. See Bartels, Multiparty Arbitration Clauses, J. INT'L ARB., June 1985, at 61, 61. 6. Hascher, supra note 2, at 127.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most