Singapore High Court Requires Third Party’s Express Written Consent to be Joined to Arbitration Under LCIA Rules

On 19 March 2021, the Singapore High Court issued an important decision on the concept of a “forced joinder” in CJD v CJE [2021] SGHC 61 (available here). A forced joinder refers to a third party consenting to be joined as a party to extant arbitration proceedings on the application of one of the arbitrants despite objections to the joinder raised by the other arbitrant(s). Accordingly, notwithstanding the impression given by the phrase, a forced joinder does not refer to forcing a third party to join an arbitration against its wishes. Various institutional rules provide for forced joinders,1 including Article 22.1(viii) of the London Court of International Arbitration Rules 2014 (“LCIA Rules 2014”), which was the subject of the Singapore High Court’s decision.2

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