How do I implead another party under Rule 1-4?
If the unnamed party is a signatory, you must name them as a Respondent (Company 3 in Special) on the application. You will present your liability position in your Contentions. You will send a copy of your response to AF and all parties. If the unnamed party is not a signatory, you can secure their consent to participate in the arbitration and then name them as a Respondent (or Company 3) and proceed as above. If their consent is not secured, you do not name them as a party on the application. Rather, you present your liability case in your contentions and argue the unnamed party’s negligence. The filing company has the right to withdraw their application if they wish pursue all parties in litigation. If the filing is not withdrawn, the arbitrator(s) will apportion liability and award damages, if applicable, against the named Respondent(s). The filing company is barred from pursuing further recovery. If the unnamed party is uninsured, you do not name them as a party on the application.
