Consolidated Arbitration Sample Clauses
A Consolidated Arbitration clause allows multiple related disputes or claims involving the same parties or similar facts to be combined and resolved in a single arbitration proceeding. In practice, this means that if several contracts between the same parties each contain arbitration agreements, disputes arising under those contracts can be merged into one arbitration rather than handled separately. This approach streamlines the resolution process, reduces costs, and minimizes the risk of inconsistent outcomes, thereby promoting efficiency and consistency in dispute resolution.
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Consolidated Arbitration. (1) consolidated arbitration council established under this Article shall be held in accordance with the UNCITRAL arbitration rules and will conduct proceedings consistent with these rules, unless otherwise provided in this section.
(2) the arbitration proceedings to be consolidated in the following cases:
(A) when the investor on behalf of investors now that it is the owner or controlled to the complaint, and simultaneously, another investor or other investors participating in it, but not now corporate control, also for the same complaint about the violation of this Agreement; or
(B) when two or more complaints are submitted to arbitration arising from legal issues and common practices.
(3) Consolidated Arbitration Council will decide the jurisdiction of the claims and will jointly review such claims, unless the council decided that the interests of any party to the dispute any serious damage in.
Consolidated Arbitration. 20.7.1 If a matter goes to arbitration, and an arbitrator determines that the dispute in question is not otherwise covered by this Agreement, but would be subject to the provisions of Section 1111 of the Charter of the City of San ▇▇▇▇, then the same arbitrator serving as the neutral arbitrator and chairperson shall convene a three (3) member Board of Arbitrators and shall have the same authority as if selected as the neutral arbitrator under Charter Section 1111. The non-neutral members of the Board shall be chosen as provided in Section 1111. The Board shall conduct "mediation/arbitration". The Parties contemplate the sort of "mediation/arbitration" as the process is traditionally used in the San Francisco Bay Area. This process shall constitute issue by issue, last best offer arbitration proceedings as described in Charter Section 1111.
20.7.2 The parties herein contemplate eliminating the additional time and expense that would occur if a separate arbitrator had to be chosen under Section 1111 to hear/resolve the dispute in a separate proceeding.
Consolidated Arbitration. (1) Subject to Clause 15.3 (Expert Determination), in order to facilitate the comprehensive resolution of related Disputes, all Disputes between any of the Parties in respect of this Agreement and/or any other related agreement to which the same Parties or their Affiliates or Related Funds are party may be consolidated into a single consolidated arbitration subject to the provisions of this section. If two or more arbitrations are commenced hereunder and/or the related agreements, any party named as claimant or respondent in any of these arbitrations may petition the arbitral tribunal appointed in the arbitration commenced first (the “First Tribunal”) for an order that the several arbitrations be consolidated in a single arbitration before that arbitral tribunal (a “Consolidation Order”). The First Tribunal may only make a Consolidation Order in the following circumstances:
(a) all parties to all the arbitrations sought to be consolidated agree to consolidation; or
(b) the First Tribunal determines that: (i) there are issues of fact or law common to the arbitrations such that a consolidated arbitration would be more efficient than separate arbitrations; and (ii) no party would be unduly prejudiced as a result of such consolidation through undue delay or otherwise.
Consolidated Arbitration. For the avoidance of doubt, the Parties acknowledge and agree that S▇▇▇ preserves its claims against SWPC in the Consolidated Arbitration.
Consolidated Arbitration. 26.2.1. In order to facilitate the comprehensive resolution of related disputes, all claims between any of the Parties that arise under or in connection with this Agreement or any other related agreement may be consolidated into a single consolidated arbitration subject to the provisions of this clause. If an arbitration is commenced pursuant to this Agreement and any party to that arbitration contends that it is substantially related to another arbitration already commenced under this or a related agreement and that the issues in dispute should be heard in one arbitration, the arbitral tribunal appointed in the arbitration commenced first shall determine whether the separate arbitrations should be consolidated into one arbitration before that tribunal. If either:
26.2.1.1. all parties to all the arbitrations sought to be consolidated agree; or
26.2.1.2. the arbitral tribunal appointed in the arbitration proceedings commenced first determines that:
26.2.1.3. there are issues of fact or law common to the arbitrations so that a consolidated arbitration would be more efficient than separate arbitrations; and
26.2.1.4. no party would be unduly prejudiced as a result of such consolidation through undue delay or otherwise,
26.2.2. the tribunal appointed in the arbitration commenced first may order consolidation and all the parties to all the arbitrations agree to be bound by the tribunal’s decision in relation to consolidation. All the parties waive any rights that they may have to object to the constitution of the tribunal upon such consolidation upon the grounds that the members of that tribunal have not been nominated or appointed by such parties.
Consolidated Arbitration. 10.2.1. In order to facilitate the comprehensive resolution of related Disputes, all Disputes between any of the Parties in respect of this Agreement and/or any other related agreement to which the same Parties or their Affiliates or Related Funds are party may be consolidated into a single consolidated arbitration subject to the provisions of this section. If O▇▇▇▇ is a party to one of the Disputes the single consolidated arbitration will be subject to the Arbitration Rules. If two or more arbitrations are commenced hereunder and/or the related agreements, any party named as claimant or respondent in any of these arbitrations may petition the arbitral tribunal appointed in the arbitration commenced first (the First Tribunal) for an order that the several arbitrations be consolidated in a single arbitration before that arbitral tribunal (or a LCIA arbitral tribunal if Orion is party to one of the arbitrations to be so consolidated) (a Consolidation Order). The First Tribunal may only make a Consolidation Order in the following circumstances:
10.2.1.1. all parties to all the arbitrations sought to be consolidated agree to consolidation; or
10.2.1.2. the First Tribunal determines that:
10.2.1.2.1. there are issues of fact or law common to the arbitrations such that a consolidated arbitration would be more efficient than separate arbitrations; and
10.2.1.2.2. no party would be unduly prejudiced as a result of such consolidation through undue delay or otherwise. All the parties to the arbitrations consent to consolidation pursuant to a Consolidation Order and agree to waive any rights that they may have to object to arbitrators of the First Tribunal on the ground that they have not been nominated or appointed by such parties. In this clause 10.2.1, Related Fund in relation to a fund (the first fund), means a fund which is managed or advised by the same investment manager or investment adviser as the first fund or, if it is managed by a different investment manager or investment adviser, a fund whose investment manager or investment adviser is an Affiliate of the investment manager or investment adviser of the first fund.
Consolidated Arbitration. 12.2.1. In order to facilitate the comprehensive resolution of related Disputes, all Disputes between any of the Parties in respect of this Agreement and/or any other related agreement to which the same Parties or their Affiliates or Related Funds are party may be consolidated into a single consolidated arbitration subject to the provisions of this section. If two or more arbitrations are commenced hereunder and/or the related agreements, any party named as claimant or respondent in any of these arbitrations may petition the arbitral tribunal appointed in the arbitration commenced first (the First Tribunal) for an order that the several arbitrations be consolidated in a single arbitration before that arbitral tribunal (a Consolidation Order). The First Tribunal may only make a Consolidation Order in the following circumstances:
12.2.1.1. all parties to all the arbitrations sought to be consolidated agree to consolidation; or
12.2.1.2. the First Tribunal determines that:
12.2.1.2.1. there are Issues of fact or law common to the arbitrations such that a consolidated arbitration would be more efficient than separate arbitrations; and
12.2.1.2.2. no party would be unduly prejudiced as a result of such consolidation through undue delay or otherwise. All the parties to the arbitrations consent to consolidation pursuant to a Consolidation Order and agree to waive any rights that they may have to object to arbitrators of the First Tribunal on the ground that they have not been nominated or appointed by such parties. In this Clause 12.2, Related Fund in relation to a fund (the first fund), means a fund which is managed or advised by the same investment manager or investment adviser as the first fund or, if it is managed by a different investment manager or investment adviser, a fund whose investment manager or investment adviser is an Affiliate of the investment manager or investment adviser of the first fund.
Consolidated Arbitration. In order to facilitate the comprehensive resolution of related disputes, all claims between any of the parties to a Dispute that arises under or in connection with the Separation Agreement, this Agreement, and the other Ancillary Agreements may be brought in a single arbitration. Upon the request of any party to an arbitration proceeding constituted under the Separation Agreement, this Agreement, and the other Ancillary Agreements, the arbitral tribunal shall consolidate such arbitration proceeding with any other arbitration proceeding relating to the Separation Agreement, this Agreement, and the other Ancillary Agreements, if the arbitral tribunal determines that (a) there are issues of fact or law common to the proceedings so that a consolidated proceeding would be more efficient than separate proceedings, and (b) no party to the Dispute would be unduly prejudiced as a result of such consolidation through undue delay or otherwise. In the event of different rulings on this question by the arbitral tribunal constituted hereunder and another arbitral tribunal constituted under the Separation Agreement, this Agreement, and the other Ancillary Agreements, the ruling of the arbitral tribunal constituted first in time shall control, and such arbitral tribunal shall serve as the tribunal for any consolidated arbitration. This Section 7.3 shall not apply to any claims brought under Section 7.2.