Consolidation of Claims. Where two or more investors notify an intention to submit claims to arbitration which have a question of law or fact in common and arise out of the same events or circumstances, the disputing parties shall consult with a view to harmonising the procedures to apply, where all disputing parties agree to the consolidation of the claims, including with respect to the forum chosen to hear the dispute.
Consolidation of Claims. Contractor, may, in its sole discretion, join or consolidate the resolution of any claims or disputes between Contractor and Subcontractor with the resolution of any claims or disputes between Contractor and the Owner or other subcontractors. Subcontractor agrees to be bound to Contractor by the results of any proceedings in the same manner that Contractor is bound by such results.
Consolidation of Claims. To the fullest extent permitted by applicable law, the arbitrator shall not be authorized to consolidate Employee's claims with the claims of any other employee or individual and shall not be authorized to conduct any class arbitration proceedings. Employee also expressly acknowledges that he or she will only be permitted to arbitrate claims for injunctive relief or claims under California's Private Attorneys General Act of 2004 on an individual basis. Should any part of this provision be deemed by a court to be unenforceable under applicable law, then that language shall be severed from the Agreement and will not invalidate the rest of this provision or the remaining provisions herein.
Consolidation of Claims. On April 24, 2020, Judge Xxxxx Xxxxxxxxxx entered an Order Consolidating the claims for dates of accident August 2, 2013 and May 8, 2014, under this OJCC #14- 023877CJS.
Consolidation of Claims. 1. Claims may be consolidated in the following cases:
a) when a disputing investor files a claim on behalf of an enterprise under its direct or indirect control and, simultaneously, a non-controlling investor or investors participating in the same enterprise file a claim on their own behalf arising from the same breaches; or
b) when two or more claims are submitted to arbitration arguing common questions of fact and law.
2. A disputing party seeking consolidation will request the Secretary-General of ICSID to establish a tribunal, and will specify in its request:
a) the name of the Contracting Party or the disputing investors against which the consolidation order is sought;
b) the nature of the requested consolidation order; and
c) the basis for the request.
3. The consolidation tribunal will be established under the UNCITRAL Arbitration Rules and will proceed as contemplated in said rules, except as otherwise provided in this Section.
4. The consolidation tribunal will decide the issue of jurisdiction over the claims and will jointly examine such claims, unless it determines that the interests of any of the disputing parties would be injured.
5. If the consolidation tribunal determines that the proceedings or the claims submitted to arbitration pursuant to Title Third have common questions of fact or law, said tribunal, in the interest of arriving at a fair and efficient resolution, and having heard the disputing parties, may assume jurisdiction and decide:
a) all or part of the claims jointly; or
b) one or more claims from said proceedings on the basis that they contribute to the resolution of the others.
6. Within 60 days from the date of filing of the request, the ICSID Secretary-General, having heard the disputing parties against which the consolidation order is being sought, will establish a tribunal comprising three arbitrators. One arbitrator will be a national of the disputing Contracting Party; another will be a national of the Contracting Party of the disputing investors. A third arbitrator, who will preside over the tribunal, will not be a national of either Contracting Parties. Nothing in this paragraph will prevent the disputing investors and the Contracting Party from appointing the members of the tribunal pursuant to a special agreement.
Consolidation of Claims. Consolidation of proceedings initiated by different Investors under this Agreement shall be possible with the consent of the respondent Contracting Party. The first arbitral tribunal constituted shall decide on the feasibility of such consolidation, as well as appropriate procedural rules to ensure due process for all disputing parties and procedural economy.
Consolidation of Claims. If a notice of claim is given pursuant to subsection (A) (Notice) of this Section by more than one BWS Indemnitee relating to the same facts or circumstances, the DBOM Contractor may, acting reasonably and in consultation with the BWS Indemnitees named in the claims, require the consolidated administration and coordination of all such noticed claims by common counsel.
Consolidation of Claims. If a notice of claim is given pursuant to subsection (A) of this Section by more than one the City Indemnitee relating to the same facts or circumstances, the Design-Builder may, in its discretion, require the consolidated administration and coordination of all such noticed claims by common counsel.
Consolidation of Claims. 1. Where two or more claims have been submitted separately to arbitration under this Section, and the claims raised have a question of law or fact in common and arise out of the same events or circumstances, any disputing party may seek a consolidation order, in accordance with the agreement of all the disputing parties sought to be covered by the order or the terms of this Section.
2. A disputing party that seeks a consolidation order under this Article shall deliver, in writing, a request to the Secretary- General of ICSID and to all the disputing parties sought to be covered by the order, specifying: the name and address of all the disputing parties sought to be covered by the order; the nature of the order sought; and the grounds on which the order is sought.
3. If the Secretary-General of ICSID finds, within thirty (30) days after receiving a request in conformity with paragraph 1 of this Article, that the request is founded, a Tribunal shall be established under this Article.
Consolidation of Claims. 44 15.8. JUDGMENT ON THE ARBITRAL AWARD.....................................44 16. MISCELLANEOUS.............................................................44
