SIAC Arb SIAC Arbitration Rules (2025)
SIAC Arb
SIAC Arbitration Rules (2025)
18.1 At the time of filing the Notice or the Response, or at any time prior to the constitution of the Tribunal, a party or non-party to the arbitration may file an application with the Registrar for the joinder of one or more additional parties to an arbitration pending under these Rules as a claimant or a respondent (each, an “additional party”) where:
(a) all parties, including the additional party, have agreed to the joinder of the additional party; or
(b) the additional party is prima facie bound by the arbitration agreement.
18.2 An application for joinder under Rule 18.1 shall include:
(a) the date and mode of delivery of the application to all parties, including the additional party;
(b) the case reference number of the pending arbitration;
(c) the identity and contact details of all parties, including the additional party, and their representatives;
(d) submissions on whether the additional party shall be designated as a claimant or a respondent;
(e) the information specified in Rule 6.3(d) and Rule 6.3(e);
(f) a statement on the existence of a third-party funding agreement in respect of any party including the additional party, and the identity and contact details of the third-party funder;
(g) a statement of the facts and legal basis supporting the application; and
(h) payment of the Joinder Filing Fee.
18.3 The Registrar shall determine whether the application for joinder complies or substantially complies with the requirements under Rule 18.2. The SIAC Secretariat shall notify all parties, including the additional party, when the application for joinder is complete.
18.4 If the Registrar determines that the application for joinder does not comply or substantially comply with any of the requirements under Rule 18.2, or if the Joinder Filing Fee is not paid upon the filing of the application, the Registrar may set a period of time for the deficiency in the application to be remedied. If the applicant fails to do so within the period of time set by the Registrar, the Registrar may deem the application to be withdrawn on a without prejudice basis.
18.5 The SIAC Court shall, after considering the views of all parties, including the additional party, decide whether to grant, in whole or in part, an application for joinder under Rule 18.1. Where an application for joinder is made under Rule 18.1(a) by agreement of all parties (including the additional party), the President shall decide the application and the decision of the President shall be deemed to be a decision of the SIAC Court.
18.6 The SIAC Court’s decision to grant an application for joinder under Rule 18.5 is without prejudice to the Tribunal’s power to subsequently decide any question as to its jurisdiction arising from such decision. The SIAC Court’s decision to reject an application for joinder under Rule 18.5 is without prejudice to any party’s or non-party’s right to apply to the Tribunal for joinder in accordance with Rule 18.10.
18.7 Where an application for joinder is granted under Rule 18.5, the date of receipt by the Registrar of the complete joinder application shall be deemed to be the date of commencement of the arbitration in respect of the additional party.
18.8 Where an application for joinder is granted under Rule 18.5, the President may revoke the appointment of any arbitrators who were appointed prior to the SIAC Court’s decision on joinder. Unless the Registrar determines otherwise, the appointment provisions under these Rules shall apply as appropriate, and any timelines thereunder shall run from the date of receipt of the SIAC Court’s decision under Rule 18.5.
18.9 The President’s decision to revoke the appointment of any arbitrator under Rule 18.8 is without prejudice to the validity of any act done or any decision, ruling, order, or award made by the arbitrator before his or her appointment was revoked.
18.10 After the constitution of the Tribunal, a party or non-party to the arbitration may apply to the Tribunal for the joinder of one or more additional parties to an arbitration pending under these Rules as a claimant or a respondent (each, an “additional party”) where:
(a) all parties, including the additional party, have agreed to the joinder of the additional party; or
(b) the additional party is prima facie bound by the arbitration agreement.
18.11 Subject to any specific directions of the Tribunal, the provisions of Rule 18.2 shall apply, mutatis mutandis, to an application for joinder under Rule 18.10. Where appropriate, an application to the Tribunal under Rule 18.10 may be filed with the Registrar who shall deliver the application to the Tribunal.
18.12 The Tribunal shall, after giving all parties, including the additional party, the opportunity to be heard, decide whether to grant, in whole or in part, an application for joinder under Rule 18.10.
18.13 The Tribunal’s decision to grant an application for joinder under Rule 18.12 is without prejudice to the Tribunal’s power to subsequently decide any question as to its jurisdiction arising from such decision.
18.14 Where an application for joinder is granted under Rule 18.12, the date of receipt by the Registrar or the Tribunal, as the case may be, of the complete joinder application shall be deemed to be the date of commencement of the arbitration in respect of the additional party.
18.15 Where an application for joinder is granted, in whole or in part, under Rule 18.5 or Rule 18.12, any party which did not have the opportunity to nominate an arbitrator or otherwise participate in the constitution of the Tribunal shall be deemed to have waived any such right, without prejudice to the right of such party to challenge an arbitrator pursuant to Rule 26.
18.16 Where an application for joinder is granted under Rule 18.5 or Rule 18.12, the parties and additional party may make claims, counterclaims, cross-claims, or set-offs against any other party in accordance with the provisions set out in Rule 6 and Rule 7.
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