Common use of CONSOLIDATION OF PROCEEDINGS Clause in Contracts

CONSOLIDATION OF PROCEEDINGS. 1. If two or more claims have been submitted separately to arbitration under paragraph 2 of Article 25 and the claims 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 paragraphs 2 through 10. 2. A disputing party that seeks a consolidation order under this Article shall deliver, in writing, a request to the Secretary-General and to all the disputing parties sought to be covered by the order and shall specify the following in the request: (a) the names and addresses of all the disputing parties sought to be covered by the order; (b) the nature of the order sought; and (c) the grounds on which the order is sought. 3. Unless the Secretary-General finds within 30 days after the date of receiving a request under paragraph 2 that the request is manifestly unfounded, a tribunal shall be established under this Article. 4. Unless all the disputing parties sought to be covered by the consolidation order agree otherwise, a tribunal established under this Article shall comprise three arbitrators: (a) one arbitrator appointed by agreement of the claimants; (b) one arbitrator appointed by the respondent; and (c) the presiding arbitrator appointed by the Secretary-General, provided that the presiding arbitrator is not a national of either Contracting Party. 5. If, within 60 days after the date when the Secretary- General receives a request made under paragraph 2, the respondent fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4, the Secretary- General, on request of any disputing party sought to be covered by the order, shall appoint, in his or her discretion, the arbitrator or arbitrators not yet appointed. 6. If a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under paragraph 2 of Article 25 have a question of law or fact in common, and arise out of the same events or circumstances, the tribunal may, in the interest of fair and efficient resolution of the claims, and after hearing the disputing parties, by order: (a) assume jurisdiction over, and hear and determine together, all or part of the claims; (b) assume jurisdiction over, and hear and determine one or more of the claims, the determination of which it believes would assist in the resolution of the others; or (c) instruct a tribunal previously established under Article 26 to assume jurisdiction over, and hear and determine together, all or part of the claims, provided that: (i) that tribunal, on request of a claimant that was not previously a disputing party before that tribunal, shall be reconstituted with its original members, except that the arbitrator for the claimants shall be appointed pursuant to subparagraph 4(a) and paragraph 5; and (ii) that tribunal shall decide whether a prior hearing shall be repeated. 7. If a tribunal has been established under this Article, a claimant that has submitted a claim to arbitration under paragraph 2 of Article 25 and that has not been named in a request made under paragraph 2 may make a written request to the tribunal that it be included in any order made under paragraph 6. The request shall specify: (a) the name and address of the claimant; (b) the nature of the order sought; and (c) the grounds on which the order is sought. The claimant shall deliver a copy of its request to the Secretary-General. 8. A tribunal established under this Article shall conduct its proceedings in accordance with the UNCITRAL Arbitration Rules, except as modified by this Section. 9. A tribunal established under Article 26 shall not have jurisdiction to decide a claim, or a part of a claim, over which a tribunal established or instructed under this Article has assumed jurisdiction. 10. On the application of a disputing party, a tribunal established under this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 26 be stayed, unless the latter tribunal has already adjourned its proceedings.

CONSOLIDATION OF PROCEEDINGS. 1. If two or more claims have been submitted separately to arbitration under paragraph 2 Article 21 (Submission of Article 25 a claim to arbitration by an investor of a Party on its own behalf or on behalf of an enterprise) and the claims have raise a question of law or fact in common and arise out of the same events or circumstances, any either disputing party may seek a consolidation order in accordance with the agreement of all the other disputing parties party sought to be covered by the order or with the terms of paragraphs 2 through 10.to 1O. 2. A disputing party that seeks a consolidation order under this Article shall deliver, in writing, a request to the ICSID Secretary-General or the Secretary General of the PCA, as applicable, and to all the other disputing parties party sought to be covered by the order order, and shall specify the following in the request: (a) the names name and addresses address of all the disputing parties party sought to be covered by the consolidation order; (b) the nature of the consolidation order sought; and (c) the grounds on which the order is sought. 3. Unless the ICSID Secretary-General or the Secretary General of the PCA, as applicable, finds within a period of 30 days after from the date of receiving receipt of a request under paragraph 2 that the request is manifestly unfounded, a tribunal an Arbitral Tribunal shall be established under this Article. 4. Unless all the disputing parties sought to be covered by the consolidation order agree otherwise, a tribunal an Arbitral Tribunal established under this Article shall comprise three arbitrators: (a) one arbitrator appointed by agreement of the claimants; (b) one arbitrator appointed by the respondent; and (c) the presiding arbitrator President of the Arbitral Tribunal appointed by the ICSID Secretary-GeneralGeneral or the Secretary General of the PCA, as applicable, provided that the presiding arbitrator President is not a national of either Contracting Partythe respondent or of a Party of any claimant. 5. If, within a period of 60 days after from the date when of receipt by the Secretary- ICSID Secretary-General receives or the Secretary General of the PCA, as applicable, of a request made under paragraph 2, the respondent fails or the claimants fail fails to appoint an arbitrator in accordance with paragraph 4, the Secretary- GeneralICSID Secretary-General or the Secretary General of the PCA, as applicable, on request of any disputing party sought to be covered by the order, shall appoint, in his or her discretion, the arbitrator or arbitrators not yet appointed. 6. If a tribunal an Arbitral Tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under paragraph 2 Article 21.1 (Submission of Article 25 a claim to arbitration by an investor of a Party on its own behalf or on behalf of an enterprise) have a question of law or fact in common, and arise out of the same events or circumstances, the tribunal Arbitral Tribunal may, in the interest of fair and efficient resolution of the claims, and after hearing the disputing parties, by order: (a) assume jurisdiction over, and hear and determine together, all or part of the claims; (b) assume jurisdiction over, and hear and determine one or more of the claims, the determination of which it believes would assist in the resolution of the others; or (c) instruct a tribunal an Arbitral Tribunal previously established constituted under Article 26 25 (Number of Arbitrators and Method of Appointment) to assume jurisdiction over, and hear and determine together, all or part of the claims, provided that: (i) that tribunalthe latter Arbitral Tribunal, on request of a claimant that was not previously a disputing party before that tribunalArbitral Tribunal, shall be reconstituted with its original members, except that the arbitrator for the claimants shall be appointed pursuant to subparagraph 4(aparagraphs 4 (a) and paragraph 5; and (ii) that tribunal the latter Arbitral Tribunal shall decide whether a prior any previous hearing shall be repeated. 7. If a tribunal an Arbitral Tribunal has been established constituted under this Article, a claimant that has submitted a claim to arbitration under paragraph 2 Article 21.1 (Submission of Article 25 a claim to arbitration by an investor of a Party on its own behalf or on behalf of an enterprise) and that has not been named in a request made under paragraph 2 may make a written request to the tribunal that it Arbitral Tribunal to be included in any order made issued under paragraph 6. The request shall specify: (a) the name and address of the claimant; (b) the nature natureb of the consolidation order sought; and (c) the The grounds on which the order is sought. The claimant shall deliver a copy of its their request to the Secretary-GeneralGeneral of ICSID or the Secretary-General of the PCA, as appropriate. 8. A tribunal An Arbitral Tribunal established under this Article shall conduct its proceedings in accordance with the UNCITRAL Arbitration Rules, except as modified by this Section. 9. A tribunal established An Arbitral Tribunal constituted under Article 26 25 (Number of Arbitrators and Method of Appointment) shall not have jurisdiction to decide on a claim, or a part of a claim, over which a tribunal established an Arbitral Tribunal constituted or instructed under this Article has assumed jurisdiction, without prejudice to paragraph 6 (c). 10. On At the application request of a disputing party, a tribunal established an Arbitral Tribunal constituted under this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established an Arbitral Tribunal constituted under Article 26 25 (Number of Arbitrators and Method of Appointment) be stayed, unless the latter tribunal Arbitral Tribunal has already adjourned its proceedings.

CONSOLIDATION OF PROCEEDINGS. 1. If Where two or more separate claims have been submitted separately to arbitration under paragraph 2 of Article 25 10.16.1, and the claims have a question of law or fact in common and arise out of from the same events or circumstances, any disputing party Disputing Party may seek a consolidation order in accordance with the order, subject to agreement of all the disputing parties Disputing Parties sought to be covered by the consolidation order or the terms of paragraphs 2 through to 10. 2. A disputing party The Disputing Party that seeks a consolidation order under this Article shall deliver, in writing, deliver a written request to the Secretary-General and to all the disputing parties Disputing Parties sought to be covered by the consolidation order and shall specify the following in the request: (a) the request it shall specify: The names and addresses of all the disputing parties Disputing Parties sought to be covered by the consolidation order; (b) the ; The nature of the consolidation order sought; and (c) the and The grounds on which the order is sought. 3. Unless the Secretary-General finds determines, within 30 days after of the date receipt of receiving a request under paragraph 2 2, that the request is manifestly unfounded, a tribunal shall be established under this Article. 4. Unless all the disputing parties Disputing Parties sought to be covered by the consolidation order agree otherwise, a the tribunal established under this Article shall comprise three arbitrators: (a) one : One arbitrator appointed by agreement of the claimants; (b) one ; One arbitrator appointed by the respondent; and (c) the and The presiding arbitrator appointed by the Secretary-General, provided that the presiding arbitrator is who shall not be a national of either Contracting Party. 5any of the Disputing Parties. If, If within 60 days after of the date when Secretary-General’s receipt of the Secretary- General receives a request made under paragraph 2, the respondent fails or the claimants fail to appoint have not appointed an arbitrator in accordance with pursuant to paragraph 4, the Secretary- Secretary-General, on at the request of any disputing party Disputing Party sought to be covered by the consolidation order, shall appoint, in his or her discretion, appoint the arbitrator or arbitrators not yet appointed. If the respondent does not appoint an arbitrator, the Secretary-General shall appoint a national of the respondent, and if the claimants do not appoint an arbitrator, the Secretary-General shall appoint a national of a party other than that of the respondent. 6. If a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under paragraph 2 of Article 25 16.1 have a question of law or fact in common, common and arise out of from the same events or circumstances, the tribunal may, in the interest of fair and efficient resolution of the claims, and after hearing the disputing partiesDisputing Parties, by order: (a) assume : Assume jurisdiction over, and hear and jointly determine together, all or part of the claims; (b) assume ; Assume jurisdiction over, and hear and determine one or more of the claims, the determination of which it believes would assist in is considered to contribute to the resolution of the others; or (c) instruct or Instruct a tribunal previously established under Article 26 10.19 to assume jurisdiction over, and to hear and determine togetheror jointly determine, all or part of the claims, provided that: (i) that : That tribunal, on at the request of a any claimant that was has not previously been a disputing party Disputing Party before that tribunal, shall be reconstituted with its original members, except that the arbitrator for the claimants shall be appointed pursuant to subparagraph 4(a4 (a) and paragraph 5; and (ii) that , and That tribunal shall decide whether a any prior hearing shall should be repeated. 7. If a Where the tribunal has been established under this Article, a claimant that has submitted a claim to arbitration under paragraph 2 of Article 25 10.16.1, and that has not been named in a request made under paragraph 2 2, may make a written request to the tribunal that it may be included in any order made under paragraph 6. 6 and shall specify in the request: The request shall specify: (a) the name and address of the claimant; (b) the ; The nature of the consolidation order sought; and (c) the and The grounds on which the order is sought. The claimant shall deliver a copy of its request to the Secretary-General. 8. A tribunal established under this Article shall conduct its the proceedings in accordance with pursuant to the provisions of the UNCITRAL Arbitration RulesRegulations, except as modified by this Section. 9. A tribunal established under Article 26 10.19 shall not have jurisdiction to decide over the resolution of a claim, or a part of a claim, over which a tribunal or established or instructed under this Article has assumed jurisdiction. 10. On the application of a disputing partyDisputing Party, a tribunal established under this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 26 10.19 be stayeddeferred, unless the latter tribunal has already adjourned its proceedings.

CONSOLIDATION OF PROCEEDINGS. 1. If Proceedings may be consolidated in the following cases: (a) When a disputing investor makes a claim as a representative of an enterprise un- der his direct or indirect control and, at the same time, one or more other investors having shares in the same business, but not a controlling share, make claims on their own behalf as a result of the same violations; or (b) When two or more claims have been submitted separately to arbitration under paragraph 2 of Article 25 and the claims 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 paragraphs 2 through 10common. 2. A disputing party that seeks wishes consolidation to occur shall request the Secretary- General of ICISD to establish a consolidation order under this Article shall deliver, in writing, a request to the Secretary-General and to all the disputing parties sought to be covered by the order tribunal and shall specify the following in the its request: (a) the names and addresses name of all the Contracting Party or of the disputing parties sought investors whose claims it wishes to be covered by the orderconsolidate; (b) the nature of the consolidation order sought; and (c) the grounds on which the order is sought. 3. Unless the Secretary-General finds within 30 days after the date The tribunal of receiving a request under paragraph 2 that the request is manifestly unfounded, a tribunal consolidation shall be established under set up in accordance with the UNCITRAL Arbitration Rules and shall proceed in accordance with the provisions of those Rules, ex- cept as stipulated in this ArticleSection. 4. Unless all The tribunal of consolidation shall decide the jurisdiction to which the claims must be submitted and shall examine those claims together, unless it determines that the interests of either of the disputing parties sought would be prejudiced thereby. 5. If the tribunal of consolidation determines that the proceedings or claims submit- xxx to be covered by arbitration in accordance with article X have a question of fact or law in common, that tribunal, in the consolidation order agree otherwiseinterests of a fair and effective settlement and having heard the dis- puting parties, may assume jurisdiction and issue a tribunal established under this Article shall comprise three arbitratorsruling on: (a) one arbitrator appointed by agreement all or some of the claimants;proceedings taken together; or (b) one arbitrator appointed by the respondent; and (c) the presiding arbitrator appointed by the Secretary-General, provided that the presiding arbitrator is not a national of either Contracting Party. 5. If, within 60 days after the date when the Secretary- General receives a request made under paragraph 2, the respondent fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4, the Secretary- General, on request of any disputing party sought to be covered by the order, shall appoint, in his or her discretion, the arbitrator or arbitrators not yet appointed. 6. If a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under paragraph 2 of Article 25 have a question of law or fact in common, and arise out of the same events or circumstances, the tribunal may, in the interest of fair and efficient resolution of the claims, and after hearing the disputing parties, by order: (a) assume jurisdiction over, and hear and determine together, all or part of the claims; (b) assume jurisdiction over, and hear and determine one or more of the claimsclaims contained in those proceedings, on the determination of which it believes basis that so do- ing would assist in the resolution of the others; or. (c) instruct 6. Within a period of 60 days from the date on which the request was received, the Secretary-General of ICISD, having heard the disputing parties in respect of which a consolidation order is sought, shall establish a tribunal previously established under Article 26 to assume jurisdiction over, and hear and determine together, all or part made up of three arbitrators. One arbitrator shall be a national of the claimsdisputing Contracting Party; the other arbitrator shall be a national of the Contracting Party of the investors. A third arbitrator, provided that: (i) that tribunal, on request who shall act as the president of a claimant that was not previously a disputing party before that the arbitration tribunal, shall not be reconstituted with its original members, except that a national of either of the arbitrator for Contract- ing Parties. No provision in this paragraph shall prevent the claimants shall be appointed pursuant to subparagraph 4(a) disputing investors and paragraph 5; and (ii) that tribunal shall decide whether a prior hearing shall be repeated. 7. If a tribunal has been established under this Article, a claimant that has submitted a claim to arbitration under paragraph 2 the disputing Contracting Party from appointing the members of Article 25 and that has not been named in a request made under paragraph 2 may make a written request to the tribunal that it be included in any order made under paragraph 6. The request shall specify: (a) the name and address of the claimant; (b) the nature of the order sought; and (c) the grounds on which the order is sought. The claimant shall deliver a copy of its request to the Secretary-Generalby special agreement. 8. A tribunal established under this Article shall conduct its proceedings in accordance with the UNCITRAL Arbitration Rules, except as modified by this Section. 9. A tribunal established under Article 26 shall not have jurisdiction to decide a claim, or a part of a claim, over which a tribunal established or instructed under this Article has assumed jurisdiction. 10. On the application of a disputing party, a tribunal established under this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 26 be stayed, unless the latter tribunal has already adjourned its proceedings.

CONSOLIDATION OF PROCEEDINGS. (1. If ) Where two or more claims proceedings have been submitted referred separately to arbitration under paragraph 2 of Article 25 this Section, and the claims proceedings have a question of law or fact in common and arise out of the same events or circumstances, any disputing party Party to the dispute may seek a apply for an order for consolidation order of the proceedings, in accordance with the agreement of all the disputing parties sought to be the dispute whose subject matter was covered by the order, or the terms and conditions of this Article. (2) A Party to the dispute requesting an order for consolidation of proceedings under this Article shall deliver a written request to the Secretary General of the ICSID or to the chairman of any other arbitration body that parties may agree to, and to all the parties to the dispute whose subject matter is covered by the order or for consolidation of proceedings, specifying the terms name and address of paragraphs 2 through 10. 2. A disputing each party that seeks a consolidation order under this Article shall deliver, in writing, a request to the Secretary-General and to all the disputing parties sought to be covered by the order and shall specify the following in the request: (a) the names and addresses of all the disputing parties sought to be dispute whose subject matter is covered by the order; (b) ; the nature of the order sought; and (c) and the grounds on which the order is sought. (3. ) Unless the Secretary-Secretary General of the ICSID or the chairperson of any other arbitration body designated as agreed by the parties, finds within 30 days after the date of receiving a request under in accordance with paragraph 2 of this Article that the request application is manifestly unfounded, a tribunal shall all be established constituted under this Article. (4. ) Unless all parties to the disputing parties sought dispute seeking to be covered by the consolidation order agree otherwise, a the tribunal established under this Article shall comprise consist of three arbitrators, who shall not be nationals or permanent residents of either party, and who shall be appointed as follows: (a) one an arbitrator appointed by mutual agreement of the claimantsdisputing investors; (b) one an arbitrator appointed by the respondentRespondent; and (c) the presiding arbitrator President of the Arbitration Tribunal appointed by the Secretary-General, provided that the presiding arbitrator is not a national Secretary General of either Contracting PartyICSID. (5. ) If, within 60 days after of the date when receipt by the Secretary- Secretary-General receives of a request made under paragraph 22 of this Article, the respondent Respondent Party fails or the claimants disputing investors fail to appoint an arbitrator in accordance with paragraph 44 of this Article, the Secretary- GeneralSecretary-General shall, on at the request of any disputing party sought Party to be the dispute and the subject matter of which is covered by the order, shall appoint, in his or her discretion, designates the arbitrator or arbitrators not yet appointed. (6. If ) Where a tribunal established Tribunal constituted under this Article is satisfied that two or more claims that have been submitted to arbitration under paragraph 2 Article 28 (Institution of Article 25 Arbitral Proceedings) have a question of law or fact in common, common and arise out of the same events or circumstances, the tribunal Tribunal may, in the interest interests of fair a just and efficient resolution determination of the claims, and after hearing having heard the disputing partiesparties to the dispute, by order: (a) assume jurisdiction overexercise jurisdiction, and hear and determine together, decide together on all or part of the claimsapplications; (b) assume exercise jurisdiction over, and to hear and determine one or more of the latter claims, the determination outcome of which it believes which, in its opinion, would assist in facilitate the resolution of the othersother claims; or (c) instruct appoint a tribunal previously established constituted under Article 26 30 (Constitution of Arbitral Tribunal) to assume exercise jurisdiction over, and hear and determine together, all or part of the claims, provided that: (i) that tribunalsuch tribunal shall, on at the request of a claimant that any disputing investor who was not previously a disputing party Party to the dispute before that such tribunal, shall be reconstituted with its original members, except that the arbitrator for the claimants disputing investors shall be appointed pursuant to subparagraph paragraphs 4(a) and paragraph 55 of this Article; and (ii) that tribunal such Tribunal shall decide whether a prior an earlier hearing shall be repeated. (7. If ) Where a tribunal has been established under this Article, a claimant that disputing investor who has submitted a claim to arbitration request under paragraph 2 Article 28 (Commencement of Article 25 Arbitral Proceedings) and that whose name has not been named disclosed in a request made under paragraph 2 of this Article, may make a written request apply in writing to the tribunal that it be included for its inclusion in any order made under paragraph 6. The request shall specify6 of this Article, specifying: (a) the name and address of the claimantdisputing investor; (b) the nature of the order sought; and (c) the grounds on which the order is sought. The claimant shall deliver applicant must provide the Secretary General with a copy of its request to the Secretary-Generalapplication. 8. (8) A tribunal Tribunal established under this Article shall conduct its the proceedings in accordance with the UNCITRAL Arbitration Rules, except as modified by this Section. (9. ) A tribunal established constituted under Article 26 30 (Constitution of the Arbitral Tribunal) shall not have not_have jurisdiction to decide a claim, claim or a part of a claim, claim over which a tribunal established constituted or instructed constituted under this Article has assumed jurisdictiondeclared itself competent. (10. On ) At the application request of a disputing partyparty to the dispute, a tribunal court established under this ArticleArticle may, pending its decision under paragraph 66 of this Article, may order that the proceedings of before a tribunal established constituted under Article 26 30 (Constitution of the Arbitral Tribunal) be stayedsuspended, unless the latter that tribunal has already adjourned begun its proceedingswork.

CONSOLIDATION OF PROCEEDINGS. 1. If two or more claims have been submitted separately to arbitration under paragraph 2 of Article 25 and the claims 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 paragraphs 2 through 10. 2. A disputing party that seeks a consolidation order under this Article shall deliver, in writing, a request to the Secretary-Secretary- General and to all the disputing parties sought to be covered by the order and shall specify the following in the request: (a) the The names and addresses of all the disputing parties sought to be covered by the order; (b) the The nature of the order sought; and (c) the The grounds on which the order is sought. 3. Unless the Secretary-General finds within 30 days after the date of receiving a request under paragraph 2 that the request is manifestly unfounded, a tribunal shall be established under this Article. 4. Unless all the disputing parties sought to be covered by the consolidation order agree otherwise, a tribunal established under this Article shall comprise three arbitrators: (a) one One arbitrator appointed by agreement of the claimants; (b) one One arbitrator appointed by the respondent; and (c) the The presiding arbitrator appointed by the Secretary-General, provided that the presiding arbitrator is not a national of either Contracting Party. 5. If, within 60 days after the date when the Secretary- Secretary-General receives a request made under paragraph 2, the respondent fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4, the Secretary- Secretary-General, on request of any disputing party sought to be covered by the order, shall appoint, in his or her discretion, the arbitrator or arbitrators not yet appointed. 6. If a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under paragraph 2 of Article 25 have a question of law or fact in common, and arise out of the same events or circumstances, the tribunal may, in the interest of fair and efficient resolution of the claims, and after hearing the disputing parties, by order: (a) assume Assume jurisdiction over, and hear and determine together, all or part of the claims; (b) assume Assume jurisdiction overo ver, and hear and determine one or more of the claims, the determination of which it believes would assist in the resolution of the others; or (c) instruct Instruct a tribunal previously established under Article 26 to assume jurisdiction over, and hear and determine together, all or part of the claims, provided that: (i) that That tribunal, on request of a claimant that was not previously a disputing party before that tribunal, shall be reconstituted with its original members, except that the arbitrator for the claimants shall be appointed pursuant to subparagraph 4(a) and paragraph 5; and (ii) that That tribunal shall decide whether a prior hearing shall be repeated. 7. If a tribunal has been established under this Article, a claimant that has submitted a claim to arbitration under paragraph 2 of Article 25 and that has not been named in a request made under paragraph 2 may make a written request to the tribunal that it be included in any order made under paragraph 6. The request shall specify: (a) the The name and address of the claimant; (b) the The nature of the order sought; and (c) the The grounds on which the order is sought. The claimant shall deliver a copy of its request to the Secretary-General. 8. A tribunal established under this Article shall conduct its proceedings in accordance with the UNCITRAL Arbitration Rules, except as modified by this Section. 9. A tribunal established under Article 26 shall not have ha ve jurisdiction to decide a claim, or a part of a claim, over which a tribunal established or instructed under this Article has assumed jurisdiction. 10. On the application of a disputing party, a tribunal established under this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 26 be stayed, unless the latter tribunal has already adjourned its proceedings.

CONSOLIDATION OF PROCEEDINGS. 1. If two or more claims have been submitted separately to arbitration A consolidation tribunal established under paragraph 2 of Article 25 and the claims 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 this article shall be established in accordance with the agreement UNCITRAL Arbitration Rules and shall proceed in accordance with the provisions of all the disputing parties sought to be covered by the order or the terms of paragraphs 2 through 10those rules, except as provided in this section. 2. A disputing party that seeks Where a consolidation order under this Article shall deliver, in writing, a request to the Secretary-General and to all the disputing parties sought to be covered by the order and shall specify the following in the request: (a) the names and addresses of all the disputing parties sought to be covered by the order; (b) the nature of the order sought; and (c) the grounds on which the order is sought. 3. Unless the Secretary-General finds within 30 days after the date of receiving a request under paragraph 2 tribunal determines that the request is manifestly unfounded, a tribunal shall be established under this Article. 4. Unless all the disputing parties sought to be covered by the consolidation order agree otherwise, a tribunal established under this Article shall comprise three arbitrators: (a) one arbitrator appointed by agreement of the claimants; (b) one arbitrator appointed by the respondent; and (c) the presiding arbitrator appointed by the Secretary-General, provided that the presiding arbitrator is not a national of either Contracting Party. 5. If, within 60 days after the date when the Secretary- General receives a request made under paragraph 2, the respondent fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4, the Secretary- General, on request of any disputing party sought to be covered by the order, shall appoint, in his or her discretion, the arbitrator or arbitrators not yet appointed. 6. If a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under paragraph 2 of Article 25 have a question 14- 22 raise questions of law or and fact in common, and arise out of the same events or circumstances, the tribunal mayconsolidation tribunal, in the interest of their fair and efficient resolution of the claimsresolution, and after hearing having heard the disputing parties, by order: (a) may assume jurisdiction overjurisdiction, and hear and determine together, all or part of the claims;them: (ba) assume jurisdiction over, and hear and determine one or more of the claims, the determination of which it believes would assist in the resolution of the others; or (c) instruct a tribunal previously established under Article 26 to assume jurisdiction over, and hear and determine together, all or part of the claims, provided thatjointly; or b) one or more of the claims on the understanding that this will contribute to the resolution of the other claims. 3. A disputing party seeking a consolidation order under paragraph 2 shall request the Secretary-General to establish a consolidation tribunal and shall specify in its request: (ia) that tribunal, on request the name of a claimant that was not previously a the disputing party before that tribunal, shall be reconstituted with its original members, except that Party or the arbitrator for disputing investors against which the claimants shall be appointed pursuant to subparagraph 4(aorder of cumulation is sought; b) and paragraph 5the nature of the requested consolidation order; and (iic) the basis on which the request is supported. 4. Within 60 days from the date of receipt of the request, the Secretary-General shall establish a consolidation tribunal composed of three arbitrators. The Secretary-General shall appoint from the list of arbitrators referred to in Article 14-27 the president of the consolidation tribunal, who shall not be a national of the disputing Party or a national of the Party of the disputing investor. In the event that there is no arbitrator on the list available to chair the consolidation tribunal, the Secretary-General shall appoint, from the ICSID panel of arbitrators, the chair of such tribunal, who shall not be a national of the disputing Party or a national of the Party of the disputing investor. The Secretary-General shall appoint the other two members of the consolidation tribunal from the list of arbitrators referred to in Article 14-27 and, where they are not available on that list, shall select them from the ICSID panel of arbitrators. If no arbitrators are available on that panel, the Secretary-General shall make the missing appointments at his discretion. One of the members shall be a national of the disputing Party and the other member of the consolidation tribunal shall decide whether be a prior hearing shall be repeatednational of a Party of the disputing investors. 75. If Where a consolidation tribunal has been established under this Article, a claimant disputing investor that has submitted a claim to arbitration under paragraph 2 of Article 25 14-19, and that has not been named in a the request for consolidation made under pursuant to paragraph 2 3, may make a written request in writing to the consolidation tribunal that it to be included in any a consolidation order made under pursuant to paragraph 6. The request 2, and shall specifyspecify in such request: (a) the name and address domicile of the claimantdisputing investor and, if applicable, the name or corporate name and domicile of the company; (b) the nature of the order soughtrequested consolidation order; and (c) the grounds on which the order request is soughtbased. 6. The claimant consolidation tribunal shall deliver provide, at the expense of the investor concerned, a copy of its request the petition for consolidation to the Secretary-Generaldisputing investors that would be subject to the consolidation decision. 87. A tribunal established under this Article shall conduct its proceedings in accordance with the UNCITRAL Arbitration Rules, except as modified by this Section. 9. A tribunal established under Article 26 court shall not have jurisdiction to decide adjudicate a claim, or a part of a claim, over which a tribunal established or instructed under this Article consolidation court has assumed jurisdiction. 108. On At the application request of a disputing party, a consolidation tribunal established under this Articlemay, pending its decision under paragraph 62, may order that the proceedings of a tribunal established under Article 26 be stayed, unless suspended pending a decision on the latter merits of the consolidation. The order of the consolidation tribunal has already adjourned its proceedingsshall be complied with by the tribunal.

CONSOLIDATION OF PROCEEDINGS. 1. If Where two or more separate claims have been submitted separately to arbitration under paragraph 2 of Article 25 12.16.1, and the claims have raise in common a question of law or fact in common and arise out of the same events facts or circumstances, any disputing party may seek a consolidation order, pursuant t o t h e agreement of all disputing parties in respect of which the consolidation order is sought or in accordance with the agreement of all the disputing parties sought to be covered by the order or the terms of paragraphs 2 through 10. 2. A disputing party that seeks seeking a consolidation joinder order under pursuant to this Article shall deliver, in writing, deliver a written request to the Secretary-General and to all the disputing parties in respect of which the joinder order is sought to be covered by the order and shall specify the following in the requestrequest the following: (a) the names name and addresses address of all the disputing parties sought to be covered by in respect of whom the orderjoinder order is sought; (b) the nature of the order soughtrequested consolidation order; and (c) the grounds basis on which the order request is soughtsupported. 3. Unless the Secretary-General finds determines, within 30 thirty (30) days after the date receipt of receiving a request under pursuant to paragraph 2 2, that the request is manifestly unfounded, a tribunal shall be established under this Article. 4. Unless otherwise agreed by all the disputing parties sought to be covered by in respect of which the consolidation order agree otherwiseis sought, a the tribunal to be established under pursuant to this Article shall comprise consist of three (3) arbitrators: (a) one an arbitrator appointed by agreement of the claimants; (b) one an arbitrator appointed by the respondent; and (c) the presiding arbitrator appointed by the Secretary-Secretary General, provided that the presiding arbitrator is who shall not be a national of either Contracting Party. 5. If, within 60 sixty (60) days after receipt by the date when Secretary-General of the Secretary- General receives a request made under pursuant to paragraph 2, the respondent fails or the claimants fail to appoint an arbitrator in accordance with pursuant to paragraph 4, the Secretary- GeneralSecretary-General shall, on at the request of any disputing party sought to be covered by in respect of which the orderorder for consolidation is sought, shall appoint, in his or her discretion, appoint the arbitrator or arbitrators not yet appointed. If the respondent fails to appoint an arbitrator, the Secretary-General shall appoint a national of the respondent and, if the claimants fail to appoint an arbitrator, the Secretary-General shall appoint a national of a Party of the claimants. 6. If a Where the tribunal established under this Article is satisfied has found that two or more claims that under Article 12.16.1, raising a common question of law or fact, and arising out of the same facts or circumstances, have been submitted to arbitration under paragraph 2 of Article 25 have a question of law or fact in common, and arise out of the same events or circumstancesarbitration, the tribunal may, in the interest of reaching a fair and efficient resolution of the claims, claims and after hearing the disputing parties, by order: (a) assume jurisdiction overjurisdiction, and hear and determine together, jointly all or part of the claims; (b) assume jurisdiction over, and hear and determine one or more of the claims, the determination of which it believes would assist in contribute to the resolution of the othersother claims; or (c) instruct a tribunal previously court established under Article 26 12.20 to assume jurisdiction over, and hear and determine togetherjointly, all or part of the claims, provided that: (i) that tribunal, on at the request of a any claimant that who was not previously a disputing party before that tribunal, shall be reconstituted reinstated with its original members, except that the arbitrator for on the claimants claimants' side shall be appointed pursuant to subparagraph 4(a) and paragraph 5; and (ii) that tribunal shall decide court decides whether a prior hearing shall be repeatedto repeat any previous hearing. 7. If Where a tribunal has been established under this Article, a claimant that who has submitted a claim to arbitration under paragraph 2 of Article 25 12.16.1, and that has whose name is not been named mentioned in a request made under paragraph 2 2, may make a written request to the tribunal to the effect that it such claimant be included in any order made under paragraph 6. The request 6 and shall specifyspecify in the request: (a) the name and address of the claimantplaintiff; (b) the nature of the order soughtrequested; and (c) the grounds on which the order request is soughtbased. The claimant shall deliver a copy of its request to the Secretary-GeneralSecretary General and to the disputing parties listed in the request in accordance with paragraph 2. 8. A tribunal established under this Article shall conduct its the proceedings in accordance with the UNCITRAL Arbitration Rules, except as modified by this Section. 9. A tribunal established under Article 26 12.20 shall not have jurisdiction to decide a claim, or a part of a claim, over in respect of which a tribunal established or instructed under this Article has assumed jurisdiction. 10. On At the application request of a disputing party, a tribunal established under this ArticleArticle may, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 26 12.20 be stayedadjourned, unless the latter tribunal has already adjourned its proceedings.

CONSOLIDATION OF PROCEEDINGS. 1. If two or more claims have been submitted separately to arbitration A consolidation tribunal established under paragraph 2 of this Article 25 and the claims 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 shall be established in accordance with the agreement UNCITRAL Arbitration Rules and shall proceed in accordance with the provisions of all the disputing parties sought to be covered by the order or the terms of paragraphs 2 through 10those rules, except as provided in this Section. 2. Where a consolidation tribunal determines that the claims submitted to arbitration under Article 15-21 raise common questions of law and fact, the consolidation tribunal, in the interest of their fair and efficient resolution, and having heard the disputing Parties, may assume jurisdiction, hear and determine: (a) all or part of the claims jointly; or (b) one or more of the claims on the basis that it will contribute to the resolution of the other claims. 3. A disputing party that seeks seeking a consolidation order determination of joinder under this Article paragraph 2 shall deliver, in writing, a request to the Secretary-General and to all the disputing parties sought to be covered by the order establish a joinder tribunal and shall specify the following in the its request: (a) the names and addresses name of all the disputing parties sought to be covered by Party or disputing investors against which the ordercumulation agreement is sought; (b) the nature of the order soughtrequested cumulation agreement; and (c) the basis on which the requested request is supported. 4. Within 60 days from the date of the request, the Secretary-General shall set up a consolidation tribunal composed of three arbitrators. The Secretary-General shall appoint the chairman of the consolidation tribunal from the list of arbitrators referred to in article 15-25, paragraph 4. In the event that no arbitrator is available on the list to chair the consolidation tribunal, the Secretary-General shall appoint, from the ICSID Panel of arbitrators, the chair of that tribunal, who shall not be a national of the disputing Party or a national of the Party of the disputing investor. The Secretary-General shall appoint the other two members of the consolidation tribunal from the list referred to in paragraph 4 of Article 15-25 and, where they are not available, shall select them from the ICSID Panel of arbitrators. If no arbitrators are available on that Panel, the Secretary-General shall make the missing appointments at his discretion. One of the members shall be a national of the disputing Party and the other member of the consolidation tribunal shall be a national of the Party of the disputing investor. 5. Where a consolidation tribunal has been established, a disputing investor that has submitted a claim to arbitration and has not been named in the request for consolidation made pursuant to paragraph 3 may request in writing to the consolidation tribunal to be included in the request and shall specify in that request: (a) the name and address of the disputing investor and, if applicable, the name or business name and address of the enterprise; (b) the nature of the requested cumulation agreement; and (c) the grounds on which the order request is based. 6. The cumulation tribunal shall provide, at the expense of the interested investor, a copy of the request for cumulation to the disputing investors against whom the cumulation agreement is sought. 3. Unless the Secretary-General finds within 30 days after the date of receiving a request under paragraph 2 that the request is manifestly unfounded, a tribunal shall be established under this Article. 4. Unless all the disputing parties sought to be covered by the consolidation order agree otherwise, a tribunal established under this Article shall comprise three arbitrators: (a) one arbitrator appointed by agreement of the claimants; (b) one arbitrator appointed by the respondent; and (c) the presiding arbitrator appointed by the Secretary-General, provided that the presiding arbitrator is not a national of either Contracting Party. 5. If, within 60 days after the date when the Secretary- General receives a request made under paragraph 2, the respondent fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4, the Secretary- General, on request of any disputing party sought to be covered by the order, shall appoint, in his or her discretion, the arbitrator or arbitrators not yet appointed. 6. If a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under paragraph 2 of Article 25 have a question of law or fact in common, and arise out of the same events or circumstances, the tribunal may, in the interest of fair and efficient resolution of the claims, and after hearing the disputing parties, by order: (a) assume jurisdiction over, and hear and determine together, all or part of the claims; (b) assume jurisdiction over, and hear and determine one or more of the claims, the determination of which it believes would assist in the resolution of the others; or (c) instruct a tribunal previously established under Article 26 to assume jurisdiction over, and hear and determine together, all or part of the claims, provided that: (i) that tribunal, on request of a claimant that was not previously a disputing party before that tribunal, shall be reconstituted with its original members, except that the arbitrator for the claimants shall be appointed pursuant to subparagraph 4(a) and paragraph 5; and (ii) that tribunal shall decide whether a prior hearing shall be repeated. 7. If a tribunal has been established under this Article, a claimant that has submitted a claim to arbitration under paragraph 2 of Article 25 and that has not been named in a request made under paragraph 2 may make a written request to the tribunal that it be included in any order made under paragraph 6. The request shall specify: (a) the name and address of the claimant; (b) the nature of the order sought; and (c) the grounds on which the order is sought. The claimant shall deliver a copy of its request to the Secretary-General. 8. A tribunal established under this Article shall conduct its proceedings in accordance with the UNCITRAL Arbitration Rules, except as modified by this Section. 9. A tribunal established under Article 26 15-21 shall not have jurisdiction to decide adjudicate a claim, or a any part of a claimthereof, over which a consolidation tribunal established or instructed under this Article has assumed jurisdiction. 108. On the application request of a disputing party, a consolidation tribunal established under this Articlemay, pending its decision under paragraph 62, may order that the proceedings of a tribunal established under Article 26 15-21 be stayedsuspended pending its decision on the merits of the consolidation. 9. A disputing Party shall deliver to its national section of the Secretariat, unless within 15 days of the latter tribunal has already adjourned date on which the disputing Party receives (a) a request for arbitration made pursuant to Article 36(1) of the ICSID Convention; (b) a notice of arbitration under Article 2 of Part C of the ICSID Additional Facility Rules; or (c) a notice of arbitration under the terms of the UNCITRAL Arbitration Rules. 10. A disputing Party shall deliver to its proceedingsnational section of the Secretariat a copy of the request made under paragraph 3: (a) within 15 days of receipt of the request, in the case of a request made by the disputing investor; or (b) within 15 days of the date of the request, in the case of a request made by the disputing Party. 11. A disputing Party shall deliver to its national section of the Secretariat a copy of the request made under paragraph 6 within 15 days of the date of receipt of the request. 12. The Secretariat shall keep a public record of the documents referred to in paragraphs 9 to 11.

CONSOLIDATION OF PROCEEDINGS. 1. If Where two or more separate claims have been submitted separately to arbitration under paragraph 2 of Article 25 8.24.1, and the claims have raise a question of law or fact in common and arise out of the same events facts or circumstances, any a disputing party may seek a consolidation order in accordance with the agreement of all the other disputing parties party in respect of which the consolidation order is sought to be covered by the order or in accordance with the terms of paragraphs 2 through 10. 2. A disputing party that seeks seeking a consolidation joinder order under pursuant to this Article shall deliver, in writing, deliver a written request to the ICSID Secretary- General or the Secretary-General of the PCA, as appropriate, and to all the other disputing parties party in respect of the claims for which consolidation is sought to be covered by the order and shall specify the following in the requestfollowing: (a) the names The name and addresses address of all the disputing parties sought to be covered by party against whom the orderjoinder order is sought; (b) the The nature of the order sought; of accumulation requested, and (c) the grounds The basis on which the order request is soughtsupported. 3. Unless the Secretary-General finds of ICSID or the Secretary-General of the PCA, as the case may be, determines, within 30 thirty (30) days after the date receipt of receiving a request under paragraph 2 2, that the request is manifestly unfounded, a tribunal shall be established under this Article. 4. Unless all the disputing parties sought to be covered by in respect of which the consolidation order is sought agree otherwise, a the tribunal to be established under this Article shall comprise consist of three arbitrators: (a) one An arbitrator appointed by agreement of the claimants; (b) one An arbitrator appointed by the respondent; , and (c) the The presiding arbitrator appointed by the Chairman of the ICSID Administrative Council or the Secretary-GeneralGeneral of the PCA, as the case may be, provided that the presiding arbitrator is not a national of either Contracting Partythe respondent or of the Party of any of the claimants. 5. If, If within 60 sixty (60) days after receipt by the date when Secretary-General of ICSID or the Secretary- Secretary-General receives a of the PCA, as the case may be, of the request made under pursuant to paragraph 2, the respondent fails or the claimants fail to appoint an arbitrator in accordance with pursuant to paragraph 4, the Secretary- GeneralChairman of the ICSID Administrative Council or the Secretary-General of the PCA, on as the case may be, upon the request of any disputing party sought to be covered by in respect of which the orderorder for consolidation is sought, shall appointshall, in his or her discretion, appoint the arbitrator or arbitrators not yet appointed. 6. If a In the event that the tribunal established under this Article is satisfied has found that two or more claims that have been submitted to arbitration under paragraph 2 of pursuant to Article 25 have 8.24.1 raise a common question of law or fact in commonfact, and arise out of the same events facts or circumstances, the tribunal may, in the interest of reaching a fair and efficient resolution of the claims, claims and after hearing the disputing parties, by order: (a) assume jurisdiction overAssume jurisdiction, and hear and determine togetherjointly, all or part of the claims, jointly; (b) assume Assume jurisdiction over, and hear and determine one or more of the claims, claims the determination of which it believes would assist in will contribute to the resolution of the others; other claims, or (c) instruct Instruct a tribunal court previously established under Article 26 8.28 to assume jurisdiction over, and to hear and determine together, jointly all or part of the claims, provided that: (i) that tribunal, on at the request of a claimant that who was not previously a disputing party before that tribunal, shall be reconstituted reinstated with its original members, except that the arbitrator for the claimants shall be appointed pursuant to subparagraph paragraphs 4(a) and paragraph 5; , and (ii) that tribunal shall decide decides whether a prior hearing shall be repeatedto repeat any previous hearing. 7. If In the case where a tribunal has been established under this Article, a claimant that who has submitted a claim to arbitration under paragraph 2 of pursuant to Article 25 8.24.1 and that has whose name is not been named mentioned in a request an application made under paragraph 2 2, may make a written request application to the tribunal court to the effect that it such claimant be included in any order made under paragraph 6. The request shall specify: (a) the The name and address of the claimantplaintiff; (b) the The nature of the order sought; of accumulation requested, and (c) the The grounds on which the order request is soughtbased. The claimant shall deliver a copy of its request to the Secretary-GeneralGeneral of ICSID or the PCA, as appropriate. 8. A tribunal established under this Article shall conduct its the proceedings in accordance with the UNCITRAL Arbitration Rules, except as modified by this Section. 9. A tribunal established under Article 26 8.28 shall not have jurisdiction to decide a claim, or a part of a claim, over which a tribunal established or instructed under this Article has assumed jurisdiction, subject to paragraph 6(c). 10. On the application request of a disputing party, a tribunal established under this ArticleArticle may, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 26 8.28 be stayedadjourned, unless the latter tribunal has already adjourned its proceedings.