In CJD v CJE  SGHC 61, the Singapore High Court refused to join a company as a respondent to an arbitration even though that company had signed the contract containing the arbitration agreement under the London Court of International Arbitration Rules 2014 (“LCIA Rules 2014”).
In essence, the High Court found that the requisite consent required in the LCIA Rules 2014 may be established in the following circumstances:
In this case, the Court opined that merely being a party to the arbitration agreement was not sufficient to constitute consent to being joined and being made party to the arbitration proceedings. Therefore, the parties to that arbitration agreement will not be able to be joined to an existing arbitration unless the arbitration agreement expressly permits a joinder, or all parties consent in writing.
It would likely not have been the same result if the arbitration had been governed by the rules of the Singapore International Arbitration Centre, the Hong Kong International Arbitration Centre or the International Chamber of Commerce. There is no requirement in those rules that the arbitration agreement include consent to being joined to arbitrations under that agreement.
1 North Bridge Road #16-03 High Street Centre
Cell +65 9751 0757
Tel +65 6324 0060
Fax +65 6324 0223