Summary

Verzoek wraking secretaris arbitrageprocedure afgewezen.

"As this MPC arbitration concerns the indemnity claim arising from the main proceedings between Ausnutria and Estrel, in which Ausnutria and Estrel have requested that these indemnity proceedings be heard jointly at the hearing and run in parallel, the GEMZU considers it obvious that the same arbitrators should be appointed in this MPC arbitration (). Should either party object to this, they must take the following steps in accordance with the list procedure."

"Arbitrators shall determine in which manner, and within which terms the proceedings are held, taking into account the conditions of these Arbitration Regulations and the circumstances of the arbitration.They shall also decide on applications for third party proceedings and/or intervention and/or joinder, also if that case would normally not be within the competence of the arbitrators."

"In my view, as secretary of the Tribunal, Article 8.3 clearly provides that the arbitrators deciding on the application to commence third-party proceedings will also hear and determine those proceedings. This is expressly confirmed by the Dutch version of the MPC Conditions."

"Accordingly, I do not intend to appoint a different Arbitral Tribunal. Apart from the wording of Article 8.3, the appointment of a separate tribunal would be inefficient and impractical. The main proceedings and the third-party proceedings are closely interconnected and should ultimately be dealt with at the same oral hearing."

"Before making a formal decision in my capacity as secretary, I note that you have also requested that the third-party proceedings be conducted in English and that the time limit for filing the Statement of Defence be extended."

"I therefore propose that you reconsider your position regarding the composition of the arbitral tribunal and accept that the already constituted tribunal () will also hear the third-party proceedings. The requests concerning the language of the proceedings and the extension of the procedural timetable can then be considered (positively) together."