I. Multiparty Arbitration and Non-Signatories
A. The Prima Facie Assessment: Articles 6(3) and 6(4) of the ICC Rules
Article 6(3) of the ICC Rules deals with cases in which arbitral jurisdiction is,…
Under the 1998 version of the ICC Rules, Article 6(2) empowered the Court to make…
When a party in a multiparty arbitration raises an objection that it is not bound…
When the jurisdictional objections concern a party that has not signed one or more…
■ participated in the negotiation, performance or termination of the contract; …
■ is the successor, assignee, or has been subrogated into the rights of a signatory…
■ is a member of a consortium or joint venture which has signed the contract; …
■ is an affiliate of a signatory and the contract purports to bind such affiliat…
■ is a beneficiary or trustee of a signatory party;…
■ is a guarantor of the signatory’s obligations under the contract containing the…
■ is a governmental entity and is allegedly controlled by another government ent…
As mentioned above, the Court will usually require documentary evidence reflecting…
In taking the above decisions, the Court acts with great caution and reservation,…
Below, we set out a selection of the Court’s Article 6(4) decisions in a variety…
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