The December 2025 issue of the ASA Bulletin includes a paper on “Multiplicity in International Arbitration – Procedural Solutions” authored by Hamish Lal, Nikita Panse, and Ece Tahan.
Notions of party consent and autonomy lie at the heart of international arbitration. In construction, energy, and infrastructure disputes, arbitration agreements are increasingly tested by separate but inter-related disputes arising from discrete contracts, with parties seeking efficient resolution of all issues.
The paper examines why existing mechanisms may not be adequate and explores evolving approaches, including:
- The role of ‘informal parties’ and side-party involvement,
- The use of awards in related matters to enhance consistency, and
- Non-party disclosure orders to prevent liability evasion.
The authors advocate for the use of alternative solutions grounded in strong legal foundations that can improve predictability and efficiency in multi-party, multi-contract international arbitrations.
Citation: Hamish Lal, Nikita Panse, et al., ‘Multiplicity in International Arbitration – Procedural Solutions’, in Matthias Scherer and Catherine A. Kunz (eds), ASA Bulletin, Volume 43, Issue 4 (2025), pp. 761 – 788 as available on Kluwer Arbitration.
