Consolidation of Disputes. In this clause 27.8 (Consolidation of Disputes):
Consolidation of Disputes. Any court with jurisdiction may order the consolidation of any arbitrable dispute with any related arbitrable dispute, controversy or claim not covered by this Policy, as the court may deem necessary in the interests of justice or efficiency or on such other grounds as the court may deem appropriate.
Consolidation of Disputes. The arbitrators, in their ------------------------- discretion, may consolidate two or more arbitrations or Disputes between the parties into one arbitration, or terminate any such consolidation and/or establish other arbitration proceedings for different Disputes that may arise in any one arbitration. Notwithstanding the foregoing, the arbitrators shall consolidate arbitrations and/or Disputes, if they determine that it would be more efficient to consolidate such arbitrations and/or Disputes than to continue them separately and (i) there are matters of fact or law that are common to the arbitrations and/or Disputes to be consolidated, (ii) there are related payment and performance obligations considered in the arbitrations and/or Disputes to be consolidated, or (iii) there is a danger of inconsistent awards.
Consolidation of Disputes. Where Disputes arise under this Agreement and under any of the other Transaction Documents which, in the reasonable opinion of the first arbitration panel 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 arbitration panel 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 not yet been instituted), provided that no date for exchange of witness statements has been fixed. If the arbitration panel so orders, the parties to each Dispute which is a subject of such order shall be treated as having consented to that Dispute being finally decided:
(a) by the arbitration panel that ordered the consolidation unless HKIAC decides that the arbitrator would not be suitable or impartial; and
(b) in accordance with the procedure, at the seat specified in the arbitration clause in the Transaction Document under which the arbitration panel that ordered the consolidation was appointed, save as otherwise agreed by all parties to the consolidated proceedings or, in the absence of such agreement, ordered by the arbitration panel in the consolidated proceedings.
Consolidation of Disputes. In order to facilitate the comprehensive resolution of related disputes, and upon request of any Party to the Arbitration proceeding, the Arbitrators may consolidate the Arbitration proceeding with any other Arbitration proceeding relating to this Agreement. The Arbitrators shall not consolidate such Arbitrations unless they determine that (i) there are issues of fact or law common to the proceedings so that a consolidated proceeding would be more efficient than separate proceedings, and (ii) no Party would be prejudiced as a result of such consolidation through undue delay or otherwise.
Consolidation of Disputes. (a) In this Clause 35.2: Joinder Order means an order by a Tribunal that a Primary Dispute and a Linked Dispute be resolved in the same arbitral proceedings.
Consolidation of Disputes. If there are concurrent Disputes as to any of Nalcor’s In- Service LTAMPs pursuant to Section 5.2(a) and Emera’s In-Service LTAMP pursuant to Section 5.2(b), or if concurrently with any such Dispute there is a Dispute under Section 5.5(c), the resolution of all such Disputes shall be consolidated pursuant to the Dispute Resolution Procedure.
Consolidation of Disputes. In order to facilitate the comprehensive resolution of related disputes, all disputes between Owner and Contractor that arise under or in connection with the Contract or any other agreements entered into by these parties (including all Disputes, as defined in this Agreement) that are being arbitrated under this Article 22 may be brought in a single arbitration under this Article 22. Accordingly, upon the request of any party to an arbitration proceeding constituted under this Article 22, the arbitral tribunal shall consolidate such arbitration proceeding with, or order the hearing of such proceeding together with, any other arbitration proceeding relating to such disputes or Disputes, provided that the arbitral tribunal shall first determine that (i) there are issues of fact or law common to the proceedings so that a consolidated proceeding would be more efficient than separate proceedings, and (ii) no party would be unduly prejudiced as a result of such consolidation through undue delay or otherwise. Where different tribunals have been or are in the process of being appointed in relation to such proceedings, the decision as to whether the proceedings are to be consolidated or heard at the same time shall be made by the arbitral tribunal which was first in time to be fully appointed in respect of those proceedings. If consolidation is so ordered, the parties to each of the proceedings that is the subject of the order will be treated as having consented to the consolidated proceedings and the disputes or Disputes in question being finally decided by the arbitral tribunal which ordered the consolidation. The entities comprising Contractor hereunder shall be treated as one party for all purposes of this Article 22.
Consolidation of Disputes. (i) Any Dispute involving both a Patent Dispute and a Non-Patent Dispute which are so related as to form the same case or controversy within the meaning of 28 U.S.C. Section 1367 and/or to constitute a compulsory counterclaim within the meaning of Fed. R. Civ. P. 13(a) shall be treated as a Patent Dispute for the purposes of this Section 20 and shall be joined in the same proceeding. Such joinder shall not be required, however, if it would bar or delay assertion of a Non-Patent Dispute because of the limit on the number of simultaneously pending Patent Disputes established under Section 20(b)(iv) or 20(b)(v).
(ii) To the extent practicable, the Parties shall consolidate within a single arbitration proceeding all related Disputes that may be outstanding at the time such arbitration is commenced. However, unless the Parties otherwise mutually agree, each proceeding involving [ * ]. Nothing in this provision shall be construed as requiring a Party to [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Consolidation of Disputes. (i) Any Dispute involving both a Patent Dispute and a Non-Patent Dispute which are so related as to form the same case or controversy within the meaning of 28 U.S.C. Section 1367 and/or to constitute a compulsory counterclaim within the meaning of Fed. R. Civ. P. 13(a) shall be treated as a Patent Dispute for the purposes of this Section 20 and shall be joined in the same proceeding. Such joinder shall not be required, however, if it would bar or -------- *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
