Navigating Parallel Proceedings In Corporate Arbitration: Consolidation, Joinder, And Bifurcation Under SIAC, HKIAC, And ICC Rules
- IJLLR Journal
- 18 minutes ago
- 1 min read
Paritosh Singh Dev, B.A.LL.B., Dr. Ram Manohar Lohiya National Law University, Lucknow
ABSTRACT
The increasing complexity of corporate arbitration has brought to the fore a pressing procedural challenge: managing disputes involving multiple claimants, shareholders, or related contracts without undermining arbitral efficiency or party autonomy. Parallel proceedings often arise when different parties initiate or seek to intervene in overlapping disputes, resulting in fragmentation, inconsistent outcomes, and duplicative costs. In this context, procedural mechanisms such as consolidation, joinder, and bifurcation have become critical tools in mitigating the challenges of party expansion and preserving procedural economy.
This paper examines how leading arbitral institutions—namely, the Singapore International Arbitration Centre (SIAC), the Hong Kong International Arbitration Centre (HKIAC), and the International Chamber of Commerce (ICC)—address these challenges through their respective institutional rules. The paper evaluates how these mechanisms operate in corporate disputes, particularly where shareholders or affiliated entities seek to join or initiate proceedings. By analyzing the comparative effectiveness, limitations, and discretionary powers embedded in each institution’s framework, the article aims to assess whether current practices adequately balance procedural cohesion with fairness. The discussion concludes with policy suggestions for strengthening party expansion mechanisms in corporate arbitration to reduce fragmentation while safeguarding the core principles of consent and due process.
