FINLAND Law and Practice Contributed by: Julia Pekkala, Mikko Leppä, Risto Sandvik and Nuutti Kortelainen, HPP Attorneys Ltd
Article 14 of the FAI Rules includes an express party agreement allowing for consolidation when all claims in the arbitrations are made under the same arbitration agreement, or when the claims arise under different but non-contradicting arbitration agreements and are in connection with the same legal relationship. When deciding whether to consolidate arbitrations, the FAI Board will take into account any relevant circumstanc - es brought to its attention by the parties. 13.5 Binding of Third Parties Finnish law adheres to the principle of privity of con - tract and, as such, third parties can only exceptionally be bound by an arbitration agreement or award. Generally, with a few exceptions, assignees and suc - cessors of a party will be bound by arbitration agree - ments and awards. In addition, third parties benefit - ting from the agreement or having a right of recourse relating to the agreement (such as the insurer or guar - antor of a party) will generally, with some exceptions, be bound by an arbitration agreement. The so-called group of companies doctrine and piercing the corpo - rate veil are very rarely applied in Finnish legal praxis, if at all.
Finnish courts do not have a statutory jurisdiction to bind third parties (foreign or domestic) to arbitral agreements. The courts will, however, respect an arbi - tration agreement where a party to a court proceed - ing invokes their right to have the dispute resolved in arbitration.
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