Encyclopedia of Economic Law Journal

Multiparty arbitration in intra-corporate disputes

Document Type : Scientific research

Authors

Mohammad Rostami 1
Bahram Taghipour 2

1 PhD. Student in Private Law, Faculty of Law & Political Sciences, Kharazmi University, Tehran

2 Assistant Professor of private law, Faculty of Law & Political Sciences, Kharazmi University, Tehran

https://doi.org/10.22067/economlaw.2022.74696.1136
Abstract
In the current era, the emergence of various types of Corporation and the expansion of their activities, has underlied the way for new legal issues regarding these individuals. One of these issues is the use of arbitration in intra-corporate disputes. Although arbitration in intra-corporate disputes is accepted in the legal system of most countries and is used in practice by many corporations, in some cases, this issue is associated with many complications due to the multiplicity of elements or around the differences. One of the things that complicates the arbitration of internal disputes is when the arbitration is multiparty. For this reason, the present article examines multiparty arbitration in intra-corporate disputes. In this regard, after explaining the challenges in multiparty arbitration, the conditions for merging existing disputes have been examined. The findings of this study, based on a comparative study, indicate that in most legal systems, not only the use of general arbitration rules due to the specific characteristics of corporations, does not solve the existing challenges, but also there are not comprehensive laws and sufficient jurisprudence regarding these disputes.

Keywords

Merger of arbitrators
Shareholders
Appointment of arbitrators
Intervention
Due process of law

©2022 The author(s). This is an open access article distributed under Creative Commons Attribution 4.0 International License (CC BY 4.0)

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  • Receive Date 12 January 2022
  • Revise Date 14 June 2022
  • Accept Date 05 July 2022

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