Joinder in Arbitration
a) Joinder of a Third Party
The Arbitration Law does not contain provisions pertaining to joinder, but all arbitration rules specify that a third party may join arbitration, mediation, or conciliation at the request of a disputing party or such third party or at the joint request of both disputing parties. Such third party may be a party under the same arbitration agreement, a party interested in the dispute being arbitrated, or any other party relating to the case, according to different arbitration rules.
b) Request for Joinder
A request for joinder shall contain the case information and the name, address, and other contact information of the disputing parties and the third party, and shall state the reasons for the request for joinder and other necessary information, accompanied by relevant documents and other evidence, where necessary.
The request for joinder, whether submitted by either disputing party, by both disputing parties jointly, or by a third party to be joined, will be filed with and subject to approval by the arbitral tribunal, or to the secretariat before an arbitral tribunal has been composed. Before making a decision on whether to accept or reject the request for joinder, all the parties, including the third party to join, will be consulted where necessary.
For more detailed provisions pertaining to joinder, selection or appointment of arbitrators and proceedings after joinder, etc., please refer to the applicable arbitration rules.