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Multi Party Arbitration in

Cepani Rules

Introduction
The CEPANI Rules current version came into force in Jan 1st, 2013.
Belgiums Arbitration Act has also been recently altered (Sep 1st,
2013) in order to conform its rules to the UNCITRAL Model Law.
Belgium intends to compete as an attractive forum to international
arbitration.
The updated CEPANI Rules have been inspired by the 2012 ICC Rules
of Arbitration.
The chapter concerning complex arbitrations (multi-party, multi-
contract, multi-issue) is new, having no precedent in the 2005 Rules.
General Provision:
Article 9. - Multiple Parties
1. An arbitration may take place between more than two parties
when they have agreed to have recourse to arbitration under the
CEPANI Rules.
2. Each party may make a claim against any other party, subject to the
limitations set out in Article 23.8 of the Rules.
-Similar to Art 9.2 ICC 2012
Intervention
Art 11: 1. A third party may request to intervene in the proceedings
and any party to the proceedings may seek to have a third party
joined.
The intervention may be allowed when the third party and the
parties to the dispute have agreed to have recourse to arbitration
under the CEPANI Rules.
2. No intervention may take place after the Appointments Committee
or the President has appointed or confirmed each of the members of
the Arbitral Tribunal, unless all the parties, including the third party,
have agreed otherwise.
-Equivalent provision in Art. 7.1 ICC 2012
Constitution of the Tribunal
Art. 15. 5. Where there are multiple parties and where the dispute is
referred to three arbitrators, the multiple Claimants, jointly, and the
multiple Respondents, jointly, shall each nominate one arbitrator for
confirmation pursuant to the provisions of the present article.
-Similar to Art. 12.6 of ICC 2012.
In the absence of such a joint nomination and where all parties are
unable to agree on a method for the constitution of the Arbitral
Tribunal, the Appointments Committee or the President shall
appoint each member of the Arbitral Tribunal and shall designate one
of them to act as chair.
-Similar to Art. 12.8 of ICC 2012. The Court of the ICC is the correspondent.

6. Where three arbitrators are foreseen and a Request for
Intervention has been addressed to the secretariat in accordance with
Article 11.3, before the Appointments Committee or the President
has appointed or confirmed each of the members of the Arbitral
Tribunal the intervening third party may nominate an arbitrator
jointly with the Claimant(s) or with the Respondent(s).
Where there is a sole arbitrator and a Request for Intervention has
been addressed to the secretariat before the Appointments
Committee or the President has appointed or confirmed the sole
arbitrator, the Appointments Committee or the President appoints
the sole arbitrator taking into account the Request for Intervention.

7. Where the parties to the proceedings have agreed that a Request
for Intervention may be made after the Appointments Committee or
the President has appointed or confirmed the members of the
Arbitral Tribunal, the Appointments Committee or the President has
the choice of either confirming the nominations and confirmations
that have occurred or of terminating the appointments of the
members of the Arbitral Tribunal that have been previously
nominated or confirmed and then appointing the new members of
the Arbitral Tribunal and appointing one of them as chair. In such
event the Appointments Committee or the President is free to
determine the number of arbitrators and to appoint any person they
may choose.


In an arbitration initiated with multiple parties:
-The parties shall jointly agree on the sole arbitrator, or
-The multiple Claimants, jointly, and or mulitiple Respondents, jointly, shall
indicate one of the three arbitrators.
-If an agreement is not reached, the Appointments Committee or President
nominates the Arbitral Tribunal and, being more than one arbitrator, chooses the
President of the Tribunal.
In an arbitration where an intervention is accepted:
-If such intervention occurs before the nomination of the arbitrator(s), the
interventing party may nominate an arbitrator jointly as Claimant or Respondent,
or if there is only one arbitrator, the Appointments Committee or President
nominates it freely.
-If such intervention occurs after the nomination of the arbitrator(s), the
Appointments Committee or President can either confirm the existing Arbitral
Tribunal or terminate the previous appointments and decide freely on the new
arbitrators.
Multiple Contracts
Article 10. - Multiple Contracts
1. Claims arising out of various contracts or in connection with same may be made in a single
arbitration.
This is the case when the said claims are made pursuant to various arbitration agreements:
a) if the parties have agreed to have recourse to arbitration under the CEPANI Rules and
b) if all the parties to the arbitration have agreed to have their claims decided within a single
set of proceedings.
2. Differences concerning the applicable rules of law or the language of the proceedings do not
give rise to any presumption as to the incompatibility of the arbitration agreements.
3. Arbitration agreements concerning matters that are not related to one another give rise to a
presumption that the parties have not agreed to have their claims decided in a single set of
proceedings.
Consolidation
Art. 13: 1. When one or more contracts containing an arbitration
agreement providing for the application of the Rules give rise to
separate arbitrations, which are related or indivisible, the
Appointments Committee or the President may order their
consolidation. This decision is taken either, prior to any other plea, at
the request of the most diligent party, or, at the request of the
Arbitral Tribunals or any one of them.
In any event no decision is taken without the parties and the
Arbitral Tribunal or, as the case may be, the Arbitral Tribunals being
invited to present their written observations within the time limit
determined by the secretariat.


2. The application for consolidation shall be granted when it is
presented by all the parties and they have also agreed on the manner
in which the consolidation shall occur.
If this is not the case, the Appointments Committee or the President
may grant the application for consolidation, after having considered,
inter alia:
a) whether the parties have not excluded consolidation in the
arbitration agreement;
b) whether the claims made in the separate arbitrations have been
made pursuant to the same arbitration agreement;
c) or, where the claims have been made pursuant to more than one
arbitration agreement, whether they are compatible and whether the
proceedings involve the same parties and concern disputes arising
from the same legal relationship.

Requisites for a multiple contract arbitration:
a) All contracts must indicate CEPANI and
b) Parties must have agreed on a single proceeding.
Applicable law, language and place of arbitration do not mean incompatibility. B) must be
analyzed carefully.
Consolidation
a) Either the parties agree jointly on the consolidation
In which case the consolidation shall be granted
b) The most diligent party makes a request, or
c) The arbitral tribunal makes a request
Cases in which the President-Appointments Committee may grant the arbitration,
considering, inter alia, if there was no prior exclusion by the parties, if there was the
same arbitration agreement, and if arbitrations are compatible or legally related.
In every case, the Arbitral Tribunal must always be consulted.
References
ALTES-VAN DIJK, Bregje Korthals. Belgium Strengthens Position On
International Arbitration Stage. Available in:
http://www.mondaq.com/x/286450/Arbitration+Dispute+Resolution/Belgi
um+Strengthens+Position+On+International+Arbitration+Stage
MEULEMEESTER, Dirk de. The New Arbitration Rules of CEPANI. Available
in: http://kluwerarbitrationblog.com/blog/2013/08/05/the-new-
arbitration-rules-of-cepani/
CHOCHITAICHVILI, Dodo. Belgium's arbitration institution adopts new
Arbitration Rules and new Mediation Rules from 1 January 2013.
Available in: http://www.dlapiper.com/belgiums-arbitration-institution-
adopts-new-arbitration-rules-and-mediation-rules/
HAUSER, Wulf Gordian. Multi Party Arbitration under the new VIAC Rules.