Consolidation with Third Party Disputes Clause Samples
Consolidation with Third Party Disputes. (a) Subject to Section 4.4(d), if either Party is involved in an arbitration in the Province of Alberta with a third party (a "Third Party Arbitration"), and if such Third Party Arbitration involves common factual or legal issues (including common issues of damages) which are also the subject of a Dispute between the Parties for which a Notice of Dispute has been given, then any arbitration of the Dispute between the Parties which includes those common factual, legal or damages issues (a "Project Agreement Arbitration") shall be stayed, consolidated or joined with the Third Party Arbitration(s) but only if the City, Project Co and the other parties all agree or, failing their agreement, if a court in the Province of Alberta on application considers it just and convenient in all the circumstances that the Project Agreement Arbitration should be stayed or consolidated or joined with the Third Party Arbitration.
(b) Subject to Section 4.4(d), if either Party is involved in litigation in the Province of Alberta with a third party ("Third Party Litigation") and if:
(i) such Third Party Litigation involves common factual or legal issues (including common issues of damages) which are the subject of a Project Agreement Arbitration; and
(ii) one of the Parties is brought directly into the Third Party Litigation as a Party to that litigation, then on the application of either Party to the court in the Province of Alberta having jurisdiction the court may, if it determines that it is just and convenient in all the circumstances, order a stay of either or both the Project Agreement Arbitration proceeding and the Third Party Litigation, or order a joinder of the Project Agreement Arbitration and the Third Party Litigation. If such joinder is ordered, the Project Agreement Arbitration and the Third Party Litigation ordered to be joined by the court shall be determined by that court or by another court in the Province of Alberta such that the Project Agreement Arbitration and the Third Party Litigation shall be resolved in one forum. For purposes of the foregoing, joinder of the Project Agreement Arbitration and the Third Party Litigation shall be construed to include stays and conditional stays of issues in the Project Agreement Arbitration pending the commencement and completion of third party proceedings by one or both of the Parties in the Third Party Litigation.
(c) In considering whether to order a stay, consolidation or joinder of a Project Agreement Arbitration w...
Consolidation with Third Party Disputes. If either party is involved in an arbitration or litigation proceeding in the Province of Saskatchewan with a third party (“Third Party Action”) and if such Third Party Action involves common factual or legal issues (including common issues of damages) which are also the subject of a Dispute between the parties for which a Dispute Notice has been given, then any arbitration or litigation of the Dispute between the parties which includes those common factual, legal or damages issues (“DBFOM Agreement Action”) shall be stayed, consolidated or joined with the Third Party Action(s) but only if the City, Project Co and the third party all agree or, failing their agreement, if a court in the Province of Saskatchewan on application considers it just and convenient in all the circumstances that the DBFOM Agreement Action should be stayed or consolidated or joined with the Third Party Action. Nothing in this Schedule 6 in any way limits either party’s ability to make a third party claim against the other for contribution or indemnity in respect of the first party’s liability or potential liability to a third party.