CONSOLIDATION AND JOINDER. Any arbitration arising out of or relating to this Agreement or breach thereof may include by consolidation, joinder or other manner any other person or persons which or whom a Party to the arbitration reasonably believes to be substantially involved in a common question of fact or law.
CONSOLIDATION AND JOINDER. The City and the Engineer consent to the joinder in arbitration of any party necessary for the complete resolution of all disputes arising out of the performance of contracts pertaining to the Work of the Project, including but not limited to the Engineer and its subcontractors and subconsultants and the Contractor and its subcontractors and suppliers. The City and the Engineer also consent to the consolidation of any arbitration under this Agreement with any other arbitration involving the performance of contracts pertaining to the Work of the Project.
CONSOLIDATION AND JOINDER. The City and the Landscape Architect consent to the joinder in arbitration of any party necessary for the complete resolution of all disputes arising out of the performance of contracts pertaining to the Work of the Project, including but not limited to the Landscape Architect and its subcontractors and subconsultants and the Contractor and its subcontractors and suppliers. The City and the Landscape Architect also consent to the consolidation of any arbitration under this Agreement with any other arbitration involving the performance of contracts pertaining to the Work of the Project.
CONSOLIDATION AND JOINDER. Each party to this Agreement agrees, on behalf of itself and as agent for its respective Affiliates, that any dispute(s) arising out of or in connection with this Agreement may be determined together, by way of joinder and/or consolidation and/or claims under multiple contracts being heard together in a single arbitration and/or through concurrent proceedings, in accordance with the Rules. Where joinder or consolidation occurs, all parties to the arbitration(s) shall be deemed to have waived their right to designate an arbitrator. Each party to this Agreement agrees, on behalf of itself and as agent for its respective Affiliates waives any objection, on the basis of joinder, consolidation, multiple claims under multiple contracts being heard together in a single arbitration or in concurrent proceedings, or any early determination procedure, to the validity and/or enforcement of any award made by the arbitral tribunal in the arbitration or consolidated proceedings, in so far as such waiver can validly be made.
CONSOLIDATION AND JOINDER. If more than one arbitration is commenced under this Agreement and any separate agreements related to this Agreement (“Related Agreements”), and any Party to this Agreement contends that two or more arbitrations are substantially related and/or involve the same parties and that the issues should be heard in one proceeding, the Tribunal appointed in the first-filed of such proceedings shall have the power to determine whether, in the interests of justice and efficiency, the whole or part of the matters at issue should be consolidated before that Tribunal upon such terms or conditions as the Tribunal thinks fit. The Parties expressly accept that any Dispute under this Agreement may accordingly be disposed of in the same arbitration proceedings as any Related Agreement Dispute, even in the presence of parties other than the Parties to this Agreement. The Tribunal appointed in respect of any Dispute may, upon the request of a Party, or a party to any of the Related Agreements, having regard to the stage of the proceedings and other relevant circumstances, join any Party or any party to any of the Related Agreements to arbitration proceedings in relation to that Dispute. Any party so joined to arbitration proceedings may request that one or more further Parties or parties to any of the Related Agreements be joined to such arbitration proceedings. Each of the Parties hereby consents to be joined to arbitration proceedings under and on terms of any of the Related Agreements at the request of a party to that arbitration following the initiation of the joinder of parties or consolidation of disputes or arbitral proceedings. The Parties hereby agree that any arbitration proceedings to which any one or more of them may be joined pursuant to this provision shall continue under the same arbitration rules as those under which it was commenced and with the same arbitrators. Any joined Party shall be bound by any Award rendered by the Arbitral Tribunal even if such Party chooses not to participate in the arbitral proceedings.
CONSOLIDATION AND JOINDER. (i) The parties to this Agreement, as well as the parties to each other Transaction Document that contains a section or clause substantially similar to this Section 9.13 (collectively, the “Related Contracts”) are bound by this arbitration agreement, each to each other, provided that they have signed this Agreement, any of the Related Contracts, or any other contract that incorporates this clause or a substantially similar clause by reference (such clause, whether in this Agreement or in any Related Contract or whether incorporated by reference, the “Arbitration Agreement”).
CONSOLIDATION AND JOINDER. 15.1 The Parties agree that: (i) the Agreement; (ii) the Contingent Payment Agreement; (iii) the ROFR Agreement [REDACTED – Excluded Asset Specific Information]; (iv) the Technical Services Agreement or the principles thereof provided for in the Agreement if the Technical Services Agreement is not signed by Closing; (v) the Transition Services Agreement or the principles thereof provided for in the Agreement if the Transition Services Agreement is not signed by Closing; (vi) the Seismic License Agreement; and (vii) the Non-Compete Agreement (the “Related Agreements”) are substantially related and that it is in the interests of justice and efficiency that Disputes under the Agreement and the Related Agreements be resolved by a single arbitral tribunal whenever possible to avoid diverse findings on the same facts or law. To this end, the Parties agree that, subject to the provisions of Subsections 15.2 and 15.3 of this Arbitration Procedure, an arbitral tribunal appointed under the Agreement or a Related Agreement may exercise jurisdiction over Disputes and Parties under both the Agreement and one or more other Related Agreement.
CONSOLIDATION AND JOINDER. 15.1 The Parties agree that: (i) the Agreement; and (ii) the Contingent Payment Agreement, ROFR Agreement [REDACTED – Excluded Asset Specific Information], Technical Services Agreement, Transition Services Agreement, [Seismic License Agreement] and Non-Compete Agreement (the “Related Agreements”) are substantially related and that it is in the interests of justice and efficiency that Disputes under the Agreement and the Related Agreements be resolved by a single arbitral tribunal whenever possible to avoid diverse findings on the same facts or law. To this end, the Parties agree that, subject to the provisions of Subsections 15.2 and 15.3 of this Arbitration Procedure, an arbitral tribunal appointed under the Agreement or a Related Agreement may exercise jurisdiction over Disputes and Parties under both the Agreement and one or more other Related Agreement.
CONSOLIDATION AND JOINDER. 15.1 The Parties agree that: (i) the Purchase and Sale Agreement; (ii) the Contingent Payment Agreement; (iii) the ROFR Agreement [REDACTED – Excluded Asset Specific Information]; (iv) the Technical Services Agreement or principles thereof provided for in the Purchase and Sale Agreement if the Technical Services Agreement is not signed by Closing; (v) the Transition Services Agreement or the principles thereof provided for in the Purchase and Sale Agreement if the Transition Services Agreement is not signed by Closing; (vi) the Seismic License Agreement; and (vii) the Non-Compete Agreement (the “Related Agreements”) are substantially related and that it is in the interests of justice and efficiency that Disputes under the Agreement and the Related Agreements be resolved by a single arbitral tribunal whenever possible to avoid diverse findings on the same facts or law. To this end, the Parties agree that, subject to the provisions of Subsections 15.2 and 15.3 of this Arbitration Procedure, an arbitral tribunal appointed under the Agreement or a Related Agreement may exercise jurisdiction over Disputes and Parties under both the Agreement and one or more other Related Agreement.
