Complex Arbitrations: Consolidation of Claims and Related Issues

21.03.2014 Complex Arbitrations: Consolidation of Claims and Related Issues

On 21 March 2014 Arbitration Association 40 and the Faculty of Law of Lomonosov Moscow State University co-organized the annual discussion preceding the 5th Moscow Pre-moot to Willem C. Vis International Commercial Arbitration Moot addressing one of the 21st Vis Moot topics “Complex Arbitrations: Consolidation of Claims and Related Issues”.

Julia Zagonek (Partner, White & Case) introduced the topic. She outlined the effects multi-party and multi- contract transactions may have on arbitration. Julia focused on the issues specific to multi-party and multi- contract disputes such as extension of arbitration agreement to non-signatories and parallel proceedings.

Vladimir Khvalei (Vice-President, ICC International Court of Arbitration; Partner, Baker & McKenzie) then addressed the issue of “multi” arbitration proceedings under the ICC Rules.

After a short break Prof. Dirk De Meulemeester (Managing Partner, Lexlifts law firm) took the floor to address consolidation in arbitration. He began with an overview of the arbitral institutions’ rules and explained that while some of them vest on the tribunal wider discretion to order consolidation (e.g. ICC Rules 2012, CEPANI Rules 2013), others are silent on the matter (e.g. LCIA Rules, SIAC Rules).

The discussion was closed with the presentation by Fredrik Ringquist (Senior Associate, Mannheimer Swartling) who discussed do’s and don’ts of drafting complex arbitration clauses.

The presentations were followed by Q&A session and drinks at Vatrushka Cafe.

Arbitration Association 40 Co-Chairs are very grateful to Julia Zagonek, Vladimir Khvalei, Dirk De Meulemeester and Fredrik Ringquist for their time and efforts and for agreeing to share their knowledge and expertise with the young generation of arbitration practitioners.

Co-Chairs also take this opportunity to thank Moscow office of White & Case for hosting the event.

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