Consolidation of arbitrations Clause Samples

The consolidation-of-arbitrations clause allows multiple related arbitration proceedings to be combined into a single arbitration process. This typically applies when disputes arise from the same contract or series of related contracts, or when the parties and issues involved are substantially similar. By consolidating arbitrations, the clause streamlines dispute resolution, reduces duplication of effort, and minimizes the risk of inconsistent outcomes, ultimately promoting efficiency and consistency in resolving interconnected disputes.
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Consolidation of arbitrations. (a) Where disputes arise out of or in connection with this Agreement and out of or in connection with any other Transaction Document which, in the absolute discretion of the first arbitral tribunal to be appointed in any of the disputes, are so closely connected that it is expedient for them to be resolved in the same proceedings, that arbitral tribunal shall have the power to order that the proceedings to resolve that dispute shall be consolidated with those to resolve any of the other disputes (whether or not proceedings to resolve those other disputes have yet been instituted), provided that no date for the final hearing of the first arbitration has been fixed. If that arbitral tribunal so orders, the parties to each dispute which is the subject of its order shall be treated as having consented to that dispute being finally decided: (i) by the arbitral tribunal that ordered the consolidation unless the HKIAC decides that that arbitral tribunal would not be suitable or impartial; and
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Consolidation of arbitrations. If an arbitration is pending hereunder and a subsequent arbitration of a Dispute is commenced under this Agreement that arises out of or relates to the same facts or transactions as the Dispute in the pending arbitration, the Arbitration Panel in the pending arbitration shall, at the request of any party to that arbitration, consolidate the subsequently filed arbitration with the pending arbitration unless such consolidation will result in substantial additional costs or delay or substantial prejudice to a party. If the Arbitration Panel falls to make such an order of consolidation, then the parties may apply to a court of competent jurisdiction for such an order. The Arbitration Panel in the pending arbitration shall hear and finally decide any such consolidated arbitration under the procedures provided in this Section 6.
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Consolidation of arbitrations. (a) The following shall apply to any disputes arising out of or in connection with this Agreement and out of or in connection with any other Murabaha Finance Document in respect of which a request for Arbitration has been delivered (or, where impossible, effectively notified) to all other parties to the arbitration. In relation to any such disputes if, in the absolute discretion of the first arbitral tribunal to be appointed in any of the disputes, they are so closely connected that it is expedient for them to be resolved in the same proceedings, that arbitral tribunal shall have the power to order that the proceedings to resolve that dispute shall be consolidated with those to resolve any of the other disputes, provided that no date for the final hearing of the first arbitration has been fixed. If that arbitral tribunal so orders, the parties to each dispute which is a subject of its order shall be treated as having consented to that dispute being finally decided: (i) by the arbitral tribunal that ordered the consolidation unless the LCIA decides that that arbitral tribunal would not be suitable or impartial; and (ii) in accordance with the procedure, at the seat (or legal place) and in the language specified in the relevant Murabaha Finance Document under which the arbitral tribunal that ordered the consolidation was appointed, save as otherwise agreed by all parties to the consolidated proceedings or, in the absence of any such agreement, ordered by the arbitral tribunal in the consolidated proceedings. (b) Any dispute which is subject to a contractual option to litigate shall only be capable of consolidation pursuant to this paragraph (a) if: (i) exercise of the option to which the dispute is subject is no longer permitted pursuant to the terms upon which the option was granted; or (ii) the right of the option-holder to exercise the option has otherwise been validly waived. (c) Paragraph (a) above shall apply even where powers to consolidate proceedings exist under any applicable arbitration rules (including those of an arbitral institution) and, in such circumstances, the provisions of paragraph (a) above shall apply in addition to those powers.
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Consolidation of arbitrations. If two or more arbitrations are commenced under this Agreement and/or under the Registration Rights Agreement, any party named as claimant or respondent in any of these arbitrations may petition any arbitral tribunal appointed in these arbitrations for an order that the several arbitrations be consolidated in a single arbitration before that arbitral tribunal. The parties hereto hereby consent to such consolidation of arbitrations.
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Consolidation of arbitrations. (a) Any party to this Agreement or any Linked Agreement may, in accordance with the SIAC Rules, be joined to any arbitration commenced under this Agreement or any Linked Agreement. Each party to this Agreement hereby consents, for the purposes of the SIAC Rules, to such joinder. (b) Pursuant to Rules 6 and 8 of the SIAC Rules: (i) Disputes may be resolved in a single arbitration together with Disputes (as defined in any Linked Agreement) arising out of any such Linked Agreement; and (ii) the parties agree to the consolidation of any two or more arbitrations commenced pursuant to this Clause 20 and/or the arbitration agreement contained in any Linked Agreement into a single arbitration, as provided for in the SIAC Rules. (c) Each party waives any objection, on the basis that a Dispute has been resolved in a manner contemplated in paragraphs of this Clause 20.2, to the validity and/or enforcement of any arbitral award made by an arbitral tribunal following the Dispute being resolved in that manner. (d) In this Clause 20.2, “Linked Agreement” means each Finance Document other than this Agreement, provided such Finance Document is governed by English law and does not expressly provide for a dispute resolution mechanism other than the one contained in this Clause 20.
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Consolidation of arbitrations. If an Eldorado Party is or becomes involved in any arbitration proceedings with a ▇▇▇▇ Party, all such arbitrations may, at Eldorado’s sole discretion, be consolidated or joined with the other arbitration or arbitrations such that all such disputes are resolved by a single arbitral pane.
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Consolidation of arbitrations. 第十七条 合并仲裁 17.1 With the written consent by all parties, the CAJAC Centre may consolidate two or more pending arbitrations into a single arbitration to be decided by one arbitral tribunal. 经双方当事人书面同意，受案的中非联合仲裁中心可以将两个或两个以上未结案的仲裁案件合并为一个仲裁案件，由同一仲裁庭进行审理。 17.2 Unless otherwise agreed by all the parties, the arbitrations shall be consolidated into the arbitration that commenced first. 除非双方当事人另有约定，合并的仲裁案件应并入最先开始仲裁程序的仲裁案件。 17.3 Following the consolidation of arbitrations, decisions on procedural matters shall be made by the CAJAC Centre before an arbitral tribunal is formed or by the arbitral tribunal after it is formed. 仲裁案件合并后，在仲裁庭组成前由受案的中非联合仲裁中心决定仲裁程序事项，在仲裁庭组成后由仲裁庭决定仲裁程序事项。 17.4 Where the arbitrations are consolidated, the arbitral tribunal shall have the discretion to either render a joint arbitral award on disputes between the parties, or render several arbitral awards separately. 仲裁案件合并后，仲裁庭有权决定对当事人之间的各项争议作出合并裁决，或分别裁决。 18.1 Any party in a pending arbitration may apply in writing to join an additional party under the same arbitration agreement to the arbitration. The decision on whether to grant such joinder shall be made by the CAJAC Centre before an arbitral tribunal is formed or by the arbitral tribunal after it is formed. 未结案仲裁案件中的任何一方当事人均可依据相同的仲裁协议书面申请追加当事人。是否接受追加，在仲裁庭组成前由受案的中非联合仲裁中心决定，在仲裁庭组成后由仲裁庭决定。 18.2 Where such joinder is granted, arbitrator(s) shall be re-appointed to form the arbitral tribunal according to the provisions of Articles 26-29, unless all the parties agree that the original arbitral tribunal shall continue the proceedings. 如果追加予以接受，则应根据本规则第二十六条至第二十九条的规定重新选定仲裁员组成仲裁庭，但双方当事人均同意原仲裁庭继续审理的除外。 18.3 Subject to the unanimous written consent of the parties and the additional party, the additional party may apply in writing to join the arbitration proceedings. The decision on whether to accept such application shall be made by the CAJAC Centre before an arbitral tribunal is formed or by the arbitral tribunal after it is formed. 经双方当事人和案外人一致书面同意，案外人可以书面申请加入仲裁程序。是否接受该申请，在仲裁庭组成前由受案的中非联合仲裁中心决定，在仲裁庭组成后由仲裁庭决定。 19.1 Where there are two or more Claimants or Respondents in a single arbitration, or an additional party is joined in the arbitration proceedings, any party can raise claims against any other party under the same arbitration agreement. The decision to accept such claims shall be made by the CAJAC Centre before an arbitral tribunal is formed, or by the arbitral tribunal after it is formed. 单一仲裁案件中有两个或两个以上申请人或被申请人，或他方追加进入仲裁程序，任何一方当事人均可以依据相同的仲裁协议针对其...
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Related to Consolidation of arbitrations

  • Location of Arbitration The arbitration shall take place in Oklahoma City, Oklahoma, and the arbitrator shall issue any award at the place of arbitration. The arbitrator may conduct hearings and meetings at any other place agreeable to the parties or, upon the motion of a party, determined by the arbitrator as necessary to obtain significant testimony or evidence.

  • Initiation of Arbitration Pursuant to Section 110 of the Arbitration Act, the parties agree that a party may initiate Arbitration by giving written notice to the other party (“Arbitration Notice”) in the same manner that notice is permitted under Section 9.13 of the Agreement; provided, however, that the Arbitration Notice may not be given by email or fax. Arbitration will be deemed initiated as of the date that the Arbitration Notice is deemed delivered to such other party under Section 9.13 of the Agreement (the “Service Date”). After the Service Date, information may be delivered, and notices may be given, by email or fax pursuant to Section 9.13 of the Agreement or any other method permitted thereunder. The Arbitration Notice must describe the nature of the controversy, the remedies sought, and the election to commence Arbitration proceedings. All Claims in the Arbitration Notice must be pleaded consistent with the Utah Rules of Civil Procedure.

  • Rules of Arbitration The arbitration procedures initiated under this Contract shall operate under the arbitration rules in effect for ICSID, the Additional Facility or UNCITRAL, as the case may be, at the time of the filing of the request for arbitration, which rules are deemed to be incorporated herein by reference in this Article 26.

  • Selection of Arbitrators 1. Unless the disputing parties otherwise agree, the tribunal shall comprise three arbitrators: (a) one arbitrator appointed by each of the disputing parties; and (b) the third arbitrator, who shall be the presiding arbitrator, appointed by agreement of the disputing parties. The third arbitrator shall be a national of a non-Member State which has diplomatic relations with the disputing Member State and non-disputing Member State, and shall not have permanent residence in either the disputing Member State or non- disputing Member State. 2. Any person appointed as an arbitrator shall have expertise or experience in public international law, international trade or international investment rules. An arbitrator shall be chosen strictly on the basis of objectivity, reliability, sound judgment and independence and shall conduct himself or herself on the same basis throughout the course of the arbitral proceedings. 3. Subject to Article 36 (Conduct of the Arbitration), if a tribunal has not been constituted within 75 days from the date that a claim is submitted to arbitration under this Section, the Appointing Authority, on the request of a disputing party, shall appoint, in his or her discretion, the arbitrator or arbitrators who have not been appointed. 4. The tribunal shall reach its decisions by a majority of votes and its decisions shall be binding. 5. The parties to the dispute shall bear the cost of their respective arbitrators to the tribunal and share equally the cost of the presiding arbitrator and other relevant costs. In all other respects, the tribunal shall determine its own procedures. 6. The disputing parties may establish rules relating to expenses incurred by the tribunal, including remuneration of the arbitrators. 7. Where any arbitrator appointed as provided for in this Article resigns or becomes unable to act, a successor shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator.

  • Scope of Arbitration If this Section 19.1 applies, any controversy or claim arising out of or relating to this Agreement or any breach of this Agreement will be settled by binding arbitration to be held before three arbitrators and conducted in accordance with the Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association in the City of Cleveland, Ohio. The decision of the arbitrators will be final and binding on both parties and judgment on any award rendered by the arbitrators may be entered in any court of competent jurisdiction. Costs and expenses of any such arbitration will be borne by the parties as may be directed by the arbitrators taking into account the extent to which the positions taken by each of the parties are reasonable. The arbitrators will have the power to issue mandatory orders and restraining orders in connection with any such arbitration.