Common use of Consolidation of Disputes Clause in Contracts

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.

Appears in 2 contracts

Samples: Public Offering and Separation Agreement (Waddell & Reed Financial Inc), Public Offering and Separation Agreement (Waddell & Reed Financial Inc)

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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.

Appears in 2 contracts

Samples: Offering and Separation Agreement (Waddell & Reed Financial Inc), Offering and Separation Agreement (Waddell & Reed Financial Inc)

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