Common use of Consolidation Clause in Contracts

Consolidation. 1. If two or more claims have been submitted separately to arbitration under Article 24.1 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 in accordance with this Article. 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 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 order otherwise agree, 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 natural person of the respondent or of the non-disputing Party. 5. If, within 60 days after the date when the Secretary-General receives a request made in accordance with 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 Article 24.1 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 28 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 in accordance with paragraph 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 Article 24.1 and that has not been named in a request made in accordance with 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 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. 10. On the application of a disputing party, a tribunal established in accordance with this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. 1. If Where two or more claims have been submitted separately to arbitration under Article 24.1 this Section, and the claims raised have a question of law or fact in common and arise out of the same events or circumstancescircumnstances, any disputing party may seek a consolidation order order, in accordance with the agreement of all the disputing parties sought to be covered by the order, order or in accordance with the terms of this Article. 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 order, specifying the name and shall specify in the request: (a) The names and addresses address of all the disputing parties sought to be covered by the order; (b) The ; the nature of the order sought; and (c) The and the grounds on which the order is sought. 3. Unless the Secretary-General of ICSID finds within 30 days after the date of receiving a request under in conformity with 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 otherwise agree, a the tribunal established under this Article shall comprise three arbitrators, who shall not be nationals or permanent residents of either Party, and who shall be appointed as follows: (a) One arbitrator appointed by agreement of the claimantsdisputing investors; (b) One arbitrator appointed by the respondentrespondent Party; and (c) The presiding arbitrator chairman of the arbitral tribunal appointed by the Secretary-General, provided that the presiding arbitrator is not a natural person General of the respondent or of the non-disputing PartyICSID. 5. If, within the 60 days after the date when the Secretary-General receives a request made in accordance with under paragraph 2, the respondent Party fails or the claimants disputing investors 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, appoint the arbitrator or arbitrators not yet appointed. 6. If Where a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under in accordance with Article 24.1 13 (Institution of Arbitral Proceedings), 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 whose determination of which it believes considers would assist in the resolution of the othersother claims; or (c) Instruct a tribunal previously established under Article 28 14 (Constitution of the Arbitral Tribunal) to assume jurisdiction over, over and to hear and determine together, all or part of the claims, provided that: (i) That tribunal, on at the request of a claimant that was any disputing investor, not previously a disputing party before that tribunal, shall be reconstituted with its original members, except that the arbitrator for the claimants disputing investors shall be appointed in accordance with paragraph pursuant to paragraphs 4(a) and paragraph 5; and (ii) That tribunal shall decide whether a prior any previous hearing shall must be repeated., 7. If Where a tribunal has been established under this Article, a claimant disputing investor that has submitted a claim to arbitration under pursuant to Article 24.1 13 (Institution of Arbitral Proceedings) and that has not been named in a request made in accordance with under paragraph 2 2, may make a written request to the tribunal that it be included in any order made issued under paragraph 6. The request shall specify, 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 provide the Secretary-General with a copy of its request to the Secretary-Generalrequest. 8. A tribunal established under pursuant to 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 28 14 (Constitution of the Arbitral Tribunal) shall not have jurisdiction to decide a claim, claim or a part of a claim, 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 in accordance with pursuant to this ArticleArticle may, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 14 (Constitution of the Arbitral Tribunal) be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. 1. If two or more claims have been submitted separately to arbitration under Article 24.1 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 in accordance with this Article. 2. A disputing party that seeks a consolidation order under this Article shall deliver, in writing, request that the Secretary-General of ICSID establish a request to the Secretary- General and to all the disputing parties sought to be covered by the order Tribunal and shall specify in the request: (a) The names and addresses the name of all the disputing parties sought to be covered by respondent Party or investors against which the orderorder is sought; (b) The the nature of the order sought; and (c) the grounds for the order sought. 2. The grounds on disputing party shall deliver a copy of the request to the respondent Party or investors against which the order is sought. 3. Unless Within 60 days of receiving the request, the Secretary-General finds within 30 days after the date of receiving ICSID shall establish a request under paragraph 2 that the request is manifestly unfoundedTribunal composed of three arbitrators. The Secretary-General of ICSID shall appoint two members and a presiding arbitrator of three different nationalities, a tribunal none of whom shall be established under this Articlea national of a Party. 4. Unless all the disputing parties sought to be covered by the order otherwise agree, a tribunal A Tribunal established under this Article shall comprise three arbitrators: be established under the ICSID Convention or the Additional Facility of ICSID (a) One arbitrator appointed by agreement AF), as applicable on the date of establishment of the claimants; (b) One arbitrator appointed Tribunal, and shall conduct its proceedings in accordance with those rules, except as modified by this Section. If neither Party is a party to the respondent; and (c) The presiding arbitrator appointed ICSID Convention, the consolidation Tribunal shall be established under the UNCITRAL Arbitration Rules, as modified by the Secretary-General, provided that the presiding arbitrator is not a natural person of the respondent or of the non-disputing Partythis Section. 5. If, within 60 days after the date when the Secretary-General receives a request made in accordance with 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 Tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 24 (Submission of a Claim to Arbitration) have a question of law or fact in common, and arise out of the same events or circumstances, the tribunal Tribunal may, in the interest of fair and efficient resolution of the claims, 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;; or (b) Assume assume jurisdiction over, and hear and determine one or more of the claims, the determination of which it believes would assist in resolving the resolution of the others; or (c) Instruct a tribunal previously established under Article 28 to assume jurisdiction over, and hear and determine together, all or part of the other 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 in accordance with paragraph 4(a) and paragraph 5; and (ii) That tribunal shall decide whether a prior hearing shall be repeated. 76. If Where a tribunal Tribunal has been established under this Article, a claimant an investor that has submitted a claim to arbitration under Article 24.1 24 (Submission of a Claim to Arbitration) and that has not been named in a request made in accordance with under paragraph 2 1 may make a written request to the tribunal Tribunal that it be included in any an order made under paragraph 6. The request 5, and shall specifyspecify in the request: (a) The the name and address of the claimantinvestor; (b) The the nature of the order sought; and (c) The the grounds on which the order is sought. 7. The claimant An investor referred to in paragraph 6 shall deliver a copy of its request to the Secretary-Generaldisputing parties named in a request under paragraph 1. 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 Tribunal established under Article 28 shall 24 (Submission of a Claim to Arbitration) does not have jurisdiction to decide a claim, or a part of a claim, over which a tribunal Tribunal established or instructed under this Article has assumed jurisdiction. 109. On the application of a disputing party, a tribunal Tribunal established in accordance with under this Article, pending its decision under paragraph 65, may order that the proceedings of a tribunal Tribunal established under Article 28 24 (Submission of a Claim to Arbitration) be stayed, stayed unless the latter tribunal Tribunal has already adjourned its proceedings.

Consolidation. 1. If two or more claims have been submitted separately to arbitration under Article 24.1 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 in accordance with this Article. 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 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 order otherwise agree, a tribunal Tribunal established under this Article shall comprise three arbitrators: (a) One arbitrator appointed by agreement of be established under 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 natural person of the respondent or of the non-disputing Party. 5. If, within 60 days after the date when the Secretary-General receives a request made UNCITRAL Arbitration Rules and shall conduct its proceedings in accordance with paragraph those Rules, except as modified by Section C. 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 Where a tribunal Tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 23 (Submission of a Claim to Arbitration) have a question of law or fact in common, and arise out of the same events or circumstances, the tribunal Tribunal may, in the interest of fair and efficient resolution of the claims, 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;; or (b) Assume 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 28 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 3. A disputing party before that tribunal, shall be reconstituted with its original members, except that the arbitrator for the claimants shall be appointed in accordance with paragraph 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 seeks an order under this Article, a claimant that has submitted a claim to arbitration under Article 24.1 and that has not been named in a request made in accordance with paragraph 2 may make shall request the Secretary-General of ICSID to establish a written request to Tribunal and shall specify in the tribunal that it be included in any order made under paragraph 6. The request shall specifyrequest: (a) The the name and address of the claimantrespondent Party or disputing investors against which the order is sought; (b) The the nature of the order sought; and (c) The the grounds on which the order is sought. 4. The claimant disputing party shall deliver a copy of the request to the respondent Party or disputing investors against which the order is sought. 5. Within 60 days of receipt of the request, the Secretary-General of ICSID shall establish a Tribunal comprising three arbitrators. The Secretary-General of ICSID shall appoint one member who is a national of the respondent Party, one member who is a national of the Party of the disputing investors, and a presiding arbitrator who is not a national of either Party. 6. Where a Tribunal has been established under this Article, a disputing investor that has submitted a claim to arbitration under Article 23 (Submission of a Claim to Arbitration) and that has not been named in a request made under paragraph 3 may make a written request to the Tribunal that it be included in an order made under paragraph 2, and shall specify in the request: (a) the name and address of the disputing investor; (b) the nature of the order sought; and (c) the grounds on which the order is sought. 7. A disputing investor referred to in paragraph 6 shall deliver a copy of its request to the Secretary-Generaldisputing parties named in a request made under paragraph 3. 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 Tribunal established under Article 28 23 (Submission of a Claim to Arbitration) shall not have jurisdiction to decide a claim, or a part of a claim, over which a tribunal Tribunal established or instructed under this Article has assumed jurisdiction. 109. On the application of a disputing party, a tribunal Tribunal established in accordance with under this Article, pending its decision under paragraph 62, may order that the proceedings of a tribunal Tribunal established under Article 28 23 (Submission of a Claim to Arbitration) be stayed, stayed unless the latter tribunal Tribunal has already adjourned its proceedings.

Consolidation. 1. If two or more claims have been submitted separately to arbitration under Article 24.1 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 in accordance with this Article. 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 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 order otherwise agree, a tribunal Tribunal established under this Article shall comprise three arbitrators: (a) One arbitrator appointed by agreement of be established under 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 natural person of the respondent or of the non-disputing Party. 5. If, within 60 days after the date when the Secretary-General receives a request made UNCITRAL Arbitration Rules and shall conduct its proceedings in accordance with paragraph 2those Rules, 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 except as modified by the order, shall appoint, in his or her discretion, the arbitrator or arbitrators not yet appointedthis Section. 62. If Where a tribunal Tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 10.24 that have a question of law or fact in common, and arise out of the same events or circumstances, the tribunal Tribunal may, in the interest interests 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;; or (b) Assume 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 28 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 3. A disputing party before that tribunal, shall be reconstituted with its original members, except that the arbitrator for the claimants shall be appointed in accordance with paragraph 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 seeks an order under this Article, a claimant that has submitted a claim to arbitration under Article 24.1 and that has not been named in a request made in accordance with paragraph 2 may make shall request the Secretary- General to establish a written request to Tribunal and shall specify in the tribunal that it be included in any order made under paragraph 6. The request shall specifyrequest: (a) The the name and address of the claimantdisputing Party or disputing investors against which the order is sought; (b) The the nature of the order sought; and (c) The the grounds on which the order is sought. 4. The claimant disputing party shall deliver to the disputing Party or disputing investors against which the order is sought a copy of the request. 5. Within 60 days of receipt of the request, the Secretary-General shall establish a Tribunal comprising three arbitrators. The Secretary-General shall appoint the presiding arbitrator from the roster referred to in paragraph 4 of Article 10.28. In the event that no such presiding arbitrator is available to serve, the Secretary-General shall appoint, from the ICSID Panel of Arbitrators, a presiding arbitrator who is not a national of either Party. The Secretary-General shall appoint the two other members from the roster referred to in paragraph 4 of Article 10.28 and to the extent not available from that roster, from the ICSID Panel of Arbitrators, and to the extent not available from that Panel, in the discretion of the Secretary-General. One member shall be a national of the disputing Party and one member shall be a national of the Party of the disputing investors. 6. Where a Tribunal has been established under this Article, a disputing investor that has submitted a claim to arbitration under Article 10.20 or 10.21 and that has not been named in a request made under paragraph 3 may make a written request to the Tribunal that it be included in an order made under paragraph 2, and shall specify in the request: (a) the name and address of the disputing investor; (b) the nature of the order sought; and (c) the grounds on which the order is sought. 7. A disputing investor referred to in paragraph 6 shall deliver a copy of its request to the Secretary-Generaldisputing parties named in a request made under paragraph 3. 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 Tribunal established under Article 28 10.24 shall not have jurisdiction to decide a claim, or a part of a claim, over which a tribunal Tribunal established or instructed under this Article has assumed jurisdiction. 109. On the application of a disputing party, a tribunal Tribunal established in accordance with under this Article, pending its decision under paragraph 62, may order that the proceedings of a tribunal Tribunal established under Article 28 10.24 be stayed, unless the latter tribunal Tribunal has already adjourned its proceedings.

Consolidation. 1. If two or more claims have been submitted separately to arbitration under Article 24.1 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 in accordance with this Article. 2. A disputing party that seeks a consolidation order under this Article shall deliver, in writing, request that the Secretary-General of the PCA establish a request to the Secretary- General and to all the disputing parties sought to be covered by the order Tribunal and shall specify in the request: (a) The names and addresses the name of all the disputing parties sought to be covered by respondent Party or investors against which the orderorder is sought; (b) The the nature of the order sought; and (c) the grounds for the order sought. 2. The grounds on disputing party shall deliver a copy of the request to the respondent Party or investors against which the order is sought. 3. Unless Within 60 days of receiving the request, the Secretary-General finds within 30 days after of the date PCA shall establish a Tribunal composed 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 order otherwise agree, a tribunal established under this Article shall comprise three arbitrators: (a) One arbitrator appointed by agreement . The Secretary-General of the claimants; (b) One arbitrator appointed by PCA shall appoint one member who is a natural person of the respondent; and (c) The respondent Party, one member who is a natural person of the Party of the investors that submitted the claims, and a presiding arbitrator appointed by the Secretary-General, provided that the presiding arbitrator who is not a natural person of a Party. 4. A Tribunal constituted under this Article shall be constituted under the respondent or of the non-disputing PartyUNCITRAL Arbitration Rules and shall conduct its proceedings in accordance with those Rules, except as modified by this Agreement. 5. If, within 60 days after the date when the Secretary-General receives a request made in accordance with 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 Tribunal constituted under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 23 (Submission of a Claim to Arbitration) have a question of law or fact in common, and arise out of the same events or circumstances, the tribunal Tribunal may, in the interest of fair and efficient resolution of the claims, 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;; or (b) Assume assume jurisdiction over, and hear and determine one or more of the claims, the determination of which it believes would assist in resolving the resolution of the others; or (c) Instruct a tribunal previously established under Article 28 to assume jurisdiction over, and hear and determine together, all or part of the other 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 in accordance with paragraph 4(a) and paragraph 5; and (ii) That tribunal shall decide whether a prior hearing shall be repeated. 76. If Where a tribunal Tribunal has been established constituted under this Article, a claimant an investor that has submitted a claim to arbitration under Article 24.1 23 (Submission of a Claim to Arbitration) and that has not been named in a request made in accordance with under paragraph 2 1 may make a written request to the tribunal Tribunal that it be included in any an order made under paragraph 6. The request 5, and shall specifyspecify in the request: (a) The the name and address of the claimantinvestor; (b) The the nature of the order sought; and (c) The the grounds on which for the order is sought. 7. The claimant An investor referred to in paragraph 6 shall deliver a copy of its request to the Secretary-Generaldisputing parties named in a request under paragraph 1. 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 Tribunal constituted under Article 28 shall 23 (Submission of a Claim to Arbitration) does not have jurisdiction to decide a claim, or a part of a claim, over which a tribunal established or instructed Tribunal constituted under this Article has assumed jurisdiction. 109. On the application of a disputing party, a tribunal established in accordance with Tribunal constituted under this Article, pending its decision under paragraph 65, may order that the proceedings of a tribunal established Tribunal constituted under Article 28 23 (Submission of a Claim to Arbitration) be stayed, stayed unless the latter tribunal Tribunal has already adjourned its proceedings.

Consolidation. 1. If two or more claims have been submitted separately to arbitration under Article Article 24.1 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 in accordance with this Article. 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 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 order otherwise agree, 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 natural person of the respondent or of the non-non- disputing Party. 5. If, within 60 days after the date when the Secretary-General receives a request made in accordance with 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 Article 24.1 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 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 instruct a tribunal previously established under Article 28 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 in accordance with paragraph 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 Article 24.1 and that has not been named in a request made in accordance with 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 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. 10. On the application of a disputing party, a tribunal established in accordance with this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. 1. If two or more claims have been submitted separately to arbitration under Article 24.1 (Submission of a Claim to Arbitration) 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, order or in accordance with this Articlethe 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 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 a period of 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 order otherwise agreeagree 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 natural person national of the respondent or of the non-disputing Partya Party of any claimant. 5. If, within a period of 60 days after the date when the Secretary-General receives a request made in accordance with 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 Article 24.1 (Submission of a Claim to Arbitration) 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 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 instruct a tribunal previously established under Article 28 27 (Selection of Arbitrators) 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 in accordance with paragraph pursuant to paragraphs 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 Article 24.1 (Submission of a Claim to Arbitration) and that has not been named in a request made in accordance with 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 28 27 (Selection of Arbitrators) 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 in accordance with under this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 27 (Selection of Arbitrators) be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. 1. If Where two or more claims have been submitted separately to arbitration under Article 24.1 24(1) 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, order or in accordance with this Articlethe 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 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 order otherwise agree, 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-GeneralChairman, provided provided, however, that the presiding arbitrator is shall not be a natural person national of the respondent or of the non-disputing either Party. 5. If, within 60 days after the date when the Secretary-General receives a request made in accordance with under paragraph 2, the respondent fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4, the Secretary-GeneralChairman, on the request of any disputing party sought to be covered by the order, shall appoint, in his or her discretion, appoint the arbitrator or arbitrators not yet appointed. If the respondent fails to appoint an arbitrator, the Chairman shall appoint a national of the disputing Party, and if the claimants fail to appoint an arbitrator, the Chairman shall appoint a national of the non-disputing Party. 6. If Where a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 24 (1) 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 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 instruct a tribunal previously established under Article 28 27 to assume jurisdiction over, and hear and determine together, all or part of the claims, provided that: (i) That that tribunal, on at the request of a any 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 in accordance with paragraph pursuant to paragraphs 4(a) and paragraph 5; and (ii) That that tribunal shall decide whether a any prior hearing shall be repeated. 7. If Where a tribunal has been established under this Article, a claimant that has submitted a claim to arbitration under Article 24.1 24(1) and that has not been named in a request made in accordance with under paragraph 2 may make a written request to the tribunal that it be included in any order made under paragraph 6. The request , and shall specifyspecify in the request: (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 28 27 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 in accordance with under this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 27 be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. 1. If two or more claims have been submitted separately to arbitration under Article 24.1 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 in accordance with this Article. 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 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 order otherwise agree, a tribunal Tribunal established under this Article shall comprise three arbitrators: (a) One arbitrator appointed by agreement of be established under 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 natural person of the respondent or of the non-disputing Party. 5. If, within 60 days after the date when the Secretary-General receives a request made UNCITRAL Arbitration Rules and shall conduct its proceedings in accordance with paragraph 2those Rules, 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 except as modified by the order, shall appoint, in his or her discretion, the arbitrator or arbitrators not yet appointedthis Section. 62. If Where a tribunal Tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 23 (Submission of a Claim to Arbitration) have a question of law or fact in common, and arise out of the same events or circumstances, the tribunal Tribunal may, in the interest of fair and efficient resolution of the claims, claims and after hearing the disputing parties, by order: (a) Assume 1. assume jurisdiction over, and hear and determine together, all or part of the claims;; or (b) Assume 2. 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 3. A disputing party that seeks an order under paragraph 2 shall request that the Secretary-General establish a tribunal previously established under Article 28 to assume jurisdiction over, Tribunal and hear and determine together, all or part shall specify in the request: 1. the name of the claims, provided that:disputing Party or disputing investors against which the order is sought; (i) That tribunal, on request 2. the nature 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 in accordance with paragraph 4(a) and paragraph 5order sought; and (ii) That tribunal shall decide whether a prior hearing shall be repeated3. the grounds on which the order is sought. 74. If The disputing party shall deliver a tribunal copy of the request to the disputing Party or disputing investors against which the order is sought. 5. The disputing parties shall request the Secretary-General to establish a Tribunal comprising three arbitrators within 60 days of receipt of the request. The disputing parties shall ask the Secretary-General to appoint one member who is a national of the disputing Party, one member who is a national of the Party of the disputing investors, and a presiding arbitrator who is not a national of either Party. 6. Where a Tribunal has been established under this Article, a claimant disputing investor that has submitted a claim to arbitration under Article 24.1 23 (Submission of a Claim to Arbitration) and that has not been named in a request made in accordance with under paragraph 2 3 may make a written request to the tribunal Tribunal that it be included in any an order made under paragraph 6. The request 2, and shall specifyspecify in the request: (a) The 1. the name and address of the claimantdisputing investor; (b) The 2. the nature of the order sought; and (c) The 3. the grounds on which the order is sought. 7. The claimant A disputing investor referred to in paragraph 6 shall deliver a copy of its request to the Secretary-Generaldisputing parties named in a request made under paragraph 3. 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 Tribunal established under Article 28 23 (Submission of a Claim to Arbitration) shall not have jurisdiction to decide a claim, or a part of a claim, over which a tribunal Tribunal established or instructed under this Article has assumed jurisdiction. 109. On the application of a disputing party, a tribunal Tribunal established in accordance with under this Article, pending its decision under paragraph 62, may order that the proceedings of a tribunal Tribunal established under Article 28 23 (Submission of a Claim to Arbitration) be stayed, stayed unless the latter tribunal Tribunal has already adjourned its proceedings.

Consolidation.  1. If Where two or more claims have been submitted separately to arbitration under Article 24.1 20 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 either the agreement of all the disputing parties sought to be covered by the order, or in accordance with this Articlethe terms of paragraphs 2 through 9.  2. A disputing party that seeks a consolidation order under this Article shall deliver, in writing, a request to the Secretary- Secretary-General of ICSID and to all the disputing parties sought to be covered by the order and shall specify 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 and the grounds on which the order is sought.  3. Unless the Secretary-General of ICSID 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 order otherwise agree, 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 and the presiding arbitrator appointed by the Secretary-GeneralGeneral of ICSID, provided provided, however, that the presiding arbitrator is shall not be a natural person national of the respondent or of the non-disputing either Contracting Party.  5. If, within 60 days after the date when the Secretary-General of ICSID receives a request made in accordance with under paragraph 2, the respondent disputing Contracting Party fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4, the Secretary-GeneralGeneral of ICSID, on at the request of any disputing party sought to be covered by the order, shall appoint, in his or her discretion, appoint the arbitrator or arbitrators not yet appointed.  6. If Where a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 20 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 ; or 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 28 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 in accordance with paragraph 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 Article 24.1 and that has not been named in a request made in accordance with 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.  8. A tribunal established under Article 28 Articles 22 through 25 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 9. On the application of a disputing party, a tribunal established in accordance with under this ArticleArticle may, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 22 through 25 be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. 1. If Where two or more claims have been submitted separately to arbitration under Article 24.1 24(1) 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, order or in accordance with this Articlethe 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 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 order otherwise agree, 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 provided, however, that the presiding arbitrator is shall not be a natural person national of the respondent or of the non-disputing either Party. 5. If, within 60 days after the date when the Secretary-General receives a request made in accordance with under paragraph 2, the respondent fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4, the Secretary-General, on the request of any disputing party sought to be covered by the order, 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 disputing Party, and if the claimants fail to appoint an arbitrator, the Secretary-General shall appoint a national of the non- disputing Party. 6. If Where a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 24 (1) 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 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 instruct a tribunal previously established under Article 28 27 [Selection of Arbitrators] to assume jurisdiction over, and hear and determine together, all or part of the claims, provided that: (i) That that tribunal, on at the request of a any 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 in accordance with paragraph pursuant to paragraphs 4(a) and paragraph 5; and (ii) That that tribunal shall decide whether a any prior hearing shall be repeated. 7. If Where a tribunal has been established under this Article, a claimant that has submitted a claim to arbitration under Article 24.1 24(1) and that has not been named in a request made in accordance with under paragraph 2 may make a written request to the tribunal that it be included in any order made under paragraph 6. The request , and shall specifyspecify in the request: (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 28 27 [Selection of Arbitrators] 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 in accordance with under this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 27 [Selection of Arbitrators] be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. (1. If ) Where two or more claims have been submitted separately to arbitration under Article 24.1 this Agreement 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 in accordance with this Article. (2. ) A disputing party that seeks a consolidation order under this Article shall deliver, in writing, a request to the Secretary- Secretary General of the COMESA Secretariat and to all the disputing parties sought to be covered by the order and shall specify 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-Secretary General of the COMESA Secretariat finds within 30 days after the date of receiving a request under paragraph 2 Paragraph (2) that the request is manifestly unfounded, a separate tribunal shall be established under this ArticleArticle by the Secretary General solely to consider the issue of consolidation. (4. Unless all the disputing parties sought to be covered by the order otherwise agree, 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 natural person of the respondent or of the non-disputing Party. 5. If, within 60 days after the date when the Secretary-General receives a request made in accordance with 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 Where a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 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 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 instruct a tribunal previously established under Article 28 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 in accordance with paragraph 4(a) and paragraph 5; and (ii) That tribunal shall decide whether a any prior hearing shall be repeated. 7. If (5) Where a tribunal has been established under this Article, a claimant that has submitted a claim to arbitration under Article 24.1 and that has not been named in a request made in accordance with paragraph 2 under Paragraph (2) may make a written request to the tribunal that it be included in any order made under paragraph 6. The request Paragraph (4), and shall specifyspecify in the request: (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 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. 10. (6) On the application of a disputing party, a tribunal established in accordance with under this Article, pending its decision under paragraph 6Paragraph (4), may order that the proceedings of a another tribunal established under Article 28 be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. 1. If Where two or more claims have been submitted separately to arbitration under Article 24.1 24(1) 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, order or in accordance with this Articlethe 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 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 order otherwise agree, 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 provided, however that the presiding arbitrator is shall not be a natural person national of the respondent or of the non-disputing either Party. 5. If, within 60 days after the date when the Secretary-General receives a request made in accordance with under paragraph 2, the respondent fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4, the Secretary-General, on the request of any disputing party sought to be covered by the order, 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 disputing Party, and if the claimants fail to appoint an arbitrator, the Secretary-General shall appoint a national of the non- disputing Party. 6. If Where a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 24 (1) 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 over, and hear and determine one or more of the claimscla ims, the determination of which it believes would assist in the resolution of the others; or (c) Instruct instruct a tribunal previously established under Article 28 27 [Selection of Arbitrators] to assume jurisdiction over, and hear and determine together, all or part of the claims, provided that: (i) That that tribunal, on at the request of a any 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 in accordance with paragraph pur suant to paragraphs 4(a) and paragraph 5; and (ii) That that tribunal shall decide whether a any prior hearing shall be repeated. 7. If Where a tribunal has been established under this Article, a claimant that has submitted a claim to arbitration under Article 24.1 24(1) and that has not been named in a request made in accordance with under paragraph 2 may make a written request to the tribunal that it be included in any order made under paragraph 6. The request , and shall specifyspecify in the request: (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 28 27 [Selection of Arbitrators] 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 in accordance with under this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 27 [Selection of Arbitrators] be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. 1. If Where two or more claims have been submitted separately to arbitration under Article 24.1 21.1 (Submission of a Claim to Arbitration) 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, order or in accordance with this Article. 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 order, and shall specify 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 Subject to paragraph 5, unless all the disputing parties sought to be covered by the order otherwise agree, a tribunal established under this Article shall comprise three arbitrators: be constituted in accordance with Article 25 (aSelection of Arbitrators) One except that, for the purpose of Article 25.1 (Selection of Arbitrators), the claimants shall appoint a single 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 natural person of the respondent or of the non-disputing Partyagreement. 5. If, within 60 days after the date when the Secretary-General receives a request made in accordance with 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 General may be requested by any disputing party sought to be covered by the order, shall appoint, in his or her discretion, to appoint the arbitrator or arbitrators not yet appointed. If the respondent fails to appoint an arbitrator, the arbitrator to be appointed by the Secretary-General may be a natural person of the respondent, and if the claimants fail to appoint an arbitrator, the arbitrator to be appointed by the Secretary-General may be a natural person of the non-disputing Party. 6. If Where a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 21.1 (Submission of a Claim to Arbitration) 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 claimsinvestment disputes, 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 over, and hear and determine one or more of the claims, the determination of which it believes would assist in the resolution of the othersother investment disputes; or (c) Instruct instruct a tribunal previously established under Article 28 25 (Selection of Arbitrators) to assume jurisdiction over, and hear and determine together, all or part of the claims, provided that: (i) That that tribunal, on at the request of a any 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 in accordance with paragraph 4(a) pursuant to paragraphs 4 and paragraph 5; and (ii) That that tribunal shall decide whether a any prior hearing shall be repeated. 7. If Where a tribunal has been established under this Article, a claimant that has submitted a claim to arbitration under Article 24.1 21.1 (Submission of a Claim to Arbitration) and that has not been named in a request made in accordance with under paragraph 2 may make a written request to the tribunal that it be included in any order made under paragraph 6. The request , and shall specifyspecify in the request: (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 28 25 (Selection of Arbitrators) 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 in accordance with under this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 25 (Selection of Arbitrators) be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. 1. If Where two or more claims have been submitted separately to arbitration under Article 24.1 24(1) 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, order or in accordance with this Articlethe 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 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 order otherwise agree, 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 provided, however, that the presiding arbitrator is shall not be a natural person national of the respondent or of the non-disputing either Party. 5. If, within 60 days after the date when the Secretary-General receives a request made in accordance with under paragraph 2, the respondent fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4, the Secretary-General, on the request of any disputing party sought to be covered by the order, 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 disputing Party, and if the claimants fail to appoint an arbitrator, the Secretary-General shall appoint a national of the non-disputing Party. 6. If Where a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 24 (1) 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 28 27 to assume jurisdiction over, and hear and determine together, all or part of the claims, provided that: (i) That tribunal, on at the request of a any 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 in accordance with paragraph pursuant to paragraphs 4(a) and paragraph 5; and (ii) That tribunal shall decide whether a any prior hearing shall be repeated. 7. If Where a tribunal has been established under this Article, a claimant that has submitted a claim to arbitration under Article 24.1 24(1) and that has not been named in a request made in accordance with under paragraph 2 may make a written request to the tribunal that it be included in any order made under paragraph 6. The request , and shall specifyspecify in the request: (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 28 27 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 in accordance with under this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 27 be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. 1. If Where two or more claims have been submitted separately to arbitration under Article 24.1 24(1) 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, order or in accordance with this Articlethe 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 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 order otherwise agree, 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 provided, however, that the presiding arbitrator is shall not be a natural person national of the respondent or of the non-disputing either Party. 5. If, within 60 days after the date when the Secretary-General receives a request made in accordance with under paragraph 2, the respondent fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4, the Secretary-General, on the request of any disputing party sought to be covered by the order, 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 disputing Party, and if the claimants fail to appoint an arbitrator, the Secretary-General shall appoint a national of the non- disputing Party. 6. If Where a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 24 (1) 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 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 instruct a tribunal previously established under Article 28 27 to assume jurisdiction over, and hear and determine together, all or part of the claims, provided that: (i) That that tribunal, on at the request of a any 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 in accordance with paragraph pursuant to paragraphs 4(a) and paragraph 5; and (ii) That that tribunal shall decide whether a any prior hearing shall be repeated. 7. If Where a tribunal has been established under this Article, a claimant that has submitted a claim to arbitration under Article 24.1 24(1) and that has not been named in a request made in accordance with under paragraph 2 may make a written request to the tribunal that it be included in any order made under paragraph 6. The request , and shall specifyspecify in the request: (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 28 27 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 in accordance with under this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 27 be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. 1. If Where two or more claims have been submitted separately to arbitration under Article 24.1 10.15(1) 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, order or in accordance with this Articlethe 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 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 order otherwise agree, 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 provided, however, that the presiding arbitrator is shall not be a natural person national of the respondent or of the non-disputing either Party. 5. If, within 60 days after the date when the Secretary-General receives a request made in accordance with under paragraph 2, the respondent fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4, the Secretary-General, on the request of any disputing party sought to be covered by the order, 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 the non-disputing Party. 6. If Where a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 10.15 (1) 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 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 instruct a tribunal previously established under Article 28 10.18 to assume jurisdiction over, and hear and determine together, all or part of the claims, provided that: (i) That that tribunal, on at the request of a any 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 in accordance with paragraph pursuant to paragraphs 4(a) and paragraph 5; and (ii) That that tribunal shall decide whether a any prior hearing shall be repeated. 7. If Where a tribunal has been established under this Article, a claimant that has submitted a claim to arbitration under Article 24.1 10.15(1) and that has not been named in a request made in accordance with under paragraph 2 may make a written request to the tribunal that it be included in any order made under paragraph 6. The request , and shall specifyspecify in the request: (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 28 10.18 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 in accordance with under this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 10.18 be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. 1. If Where two or more claims have been submitted separately to arbitration under Article 24.1 24(1) 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, order or in accordance with this Articlethe 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 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 order otherwise agree, 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 provided, however that the presiding arbitrator is shall not be a natural person national of the respondent or of the non-disputing either Party. 5. If, within 60 days after the date when the Secretary-General receives a request made in accordance with under paragraph 2, the respondent fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4, the Secretary-General, on the request of any disputing party sought to be covered by the order, 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 disputing Party, and if the claimants fail to appoint an arbitrator, the Secretary-General shall appoint a national of the non-disputing Party. 6. If Where a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 24 (1) 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 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 instruct a tribunal previously established under Article 28 27 [Selection of Arbitrators] to assume jurisdiction over, and hear and determine together, all or part of the claims, provided that: (i) That that tribunal, on at the request of a any 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 in accordance with paragraph pursuant to paragraphs 4(a) and paragraph 5; and (ii) That that tribunal shall decide whether a any prior hearing shall be repeated. 7. If Where a tribunal has been established under this Article, a claimant that has submitted a claim to arbitration under Article 24.1 24(1) and that has not been named in a request made in accordance with under paragraph 2 may make a written request to the tribunal that it be included in any order made under paragraph 6. The request , and shall specifyspecify in the request: (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 28 27 [Selection of Arbitrators] 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 in accordance with under this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 27 [Selection of Arbitrators] be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. 1. If Where two or more claims have been submitted separately to arbitration under Article 24.1 20 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 either the agreement of all the disputing parties sought to be covered by the order, or in accordance with this Articlethe terms of paragraphs 2 through 9. 2. A disputing party that seeks a consolidation order under this Article shall deliver, in writing, a request to the Secretary- Secretary-General of ICSID and to all the disputing parties sought to be covered by the order and shall specify 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 and the grounds on which the order is sought. 3. Unless the Secretary-General of ICSID 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 order otherwise agree, 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 and the presiding arbitrator appointed by the Secretary-GeneralGeneral of ICSID, provided provided, however, that the presiding arbitrator is shall not be a natural person national of the respondent or of the non-disputing either Contracting Party. 5. If, within 60 days after the date when the Secretary-General of ICSID receives a request made in accordance with under paragraph 2, the respondent disputing Contracting Party fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4, the Secretary-GeneralGeneral of ICSID, on at the request of any disputing party sought to be covered by the order, shall appoint, in his or her discretion, appoint the arbitrator or arbitrators not yet appointed. 6. If Where a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 20 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 ; or 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 28 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 in accordance with paragraph 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 Article 24.1 and that has not been named in a request made in accordance with 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. 98. A tribunal established under Article 28 Articles 22 through 25 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. 109. On the application of a disputing party, a tribunal established in accordance with under this ArticleArticle may, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 22 through 25 be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. (1. If ) Where two or more claims have been submitted separately to arbitration under Article 24.1 this Agreement 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 in accordance with this Article. (2. ) A disputing party that seeks a consolidation order under this Article shall deliver, in writing, a request to the Secretary- Secretary General of the COMESA Secretariat and to all the disputing parties sought to be covered by the order and shall specify 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-Secretary General of the COMESA Secretariat finds within 30 days after the date of receiving a request under paragraph 2 Paragraph (2) that the request is manifestly unfounded, a separate tribunal shall be established under this ArticleArticle by the Secretary General solely to consider the issue of consolidation. (4. Unless all the disputing parties sought to be covered by the order otherwise agree, 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 natural person of the respondent or of the non-disputing Party. 5. If, within 60 days after the date when the Secretary-General receives a request made in accordance with 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 Where a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 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 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 instruct a tribunal previously established under Article 28 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 in accordance with paragraph 4(a) and paragraph 5; and (ii) That tribunal shall decide whether a any prior hearing shall be repeated. 7. If (5) Where a tribunal has been established under this Article, a claimant that has submitted a claim to arbitration under Article 24.1 and that has not been named in a request made in accordance with paragraph 2 under Paragraph (2) may make a written request to the tribunal that it be included in any order made under paragraph 6. The request Paragraph (4), and shall specifyspecify in the request: (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 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. 10. On the application of a disputing party, a tribunal established in accordance with this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. 1. If Where two or more claims have been submitted separately to arbitration under Article 24.1 24(1) 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, order or in accordance with this Articlethe 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 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 order otherwise agree, 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 provided, however, that the presiding arbitrator is shall not be a natural person national of the respondent or of the non-disputing either Party. 5. If, within 60 days after the date when the Secretary-General receives a request made in accordance with under paragraph 2, the respondent fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4, the Secretary-General, on the request of any disputing party sought to be covered by the order, 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 disputing Party, and if the claimants fail to appoint an arbitrator, the Secretary- General shall appoint a national of the non-disputing Party. 6. If Where a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 24 (1) 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 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 instruct a tribunal previously established under Article 28 27 to assume jurisdiction over, and hear and determine together, all or part of the claims, provided that: (i) That that tribunal, on at the request of a any 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 in accordance with paragraph pursuant to paragraphs 4(a) and paragraph 5; and (ii) That that tribunal shall decide whether a any prior hearing shall be repeated. 7. If Where a tribunal has been established under this Article, a claimant that has submitted a claim to arbitration under Article 24.1 24(1) and that has not been named in a request made in accordance with under paragraph 2 may make a written request to the tribunal that it be included in any order made under paragraph 6. The request , and shall specifyspecify in the request: (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 28 27 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 in accordance with under this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 27 be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. 1. If Where two or more claims have been submitted separately to arbitration under Article 24.1 21.1 (Submission of a Claim to Arbitration) 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, order or in accordance with this Article. 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 order, and shall specify 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 Subject to paragraph 5, unless all the disputing parties sought to be covered by the order otherwise agree, a tribunal established under this Article shall comprise three arbitrators: be constituted in accordance with Article 25 (aSelection of Arbitrators) One except that, for the purpose of Article 25.1 (Selection of Arbitrators), the claimants shall appoint a single 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 natural person of the respondent or of the non-disputing Partyagreement. 5. If, within 60 days after the date when the Secretary-General receives a request made in accordance with 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 General may be requested by any disputing party sought to be covered by the order, shall appoint, in his or her discretion, to appoint the arbitrator or arbitrators not yet appointed. If the respondent fails to appoint an arbitrator, the arbitrator to be appointed by the Secretary-General may be a natural person of the respondent, and if the claimants fail to appoint an arbitrator, the arbitrator to be appointed by the Secretary-General may be a natural person of the non-disputing Party. 6. If Where a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 21.1 (Submission of a Claim to Arbitration) 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 claimsinvestment disputes, 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 over, and hear and determine one or more of the claims, the determination of which it believes would assist in the resolution of the othersother investment disputes; or (c) Instruct instruct a tribunal previously established under Article 28 25 (Selection of Arbitrators) to assume jurisdiction over, and hear and determine together, all or part of the claims, provided that: (i) That that tribunal, on at the request of a any 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 in accordance with paragraph 4(a) pursuant to paragraphs 4 and paragraph 5; and (ii) That that tribunal shall decide whether a any prior hearing shall be repeated. 7. If Where a tribunal has been established under this Article, a claimant that has submitted a claim to arbitration under Article 24.1 Article 21.1 (Submission of a Claim to Arbitration) and that has not been named in a request made in accordance with under paragraph 2 may make a written request to the tribunal that it be included in any order made under paragraph 6. The request , and shall specifyspecify in the request: (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 28 25 (Selection of Arbitrators) 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 in accordance with under this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 25 (Selection of Arbitrators) be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. 1. If Where two or more claims have been submitted separately to arbitration under Article 24.1 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 order, in accordance with the agreement of all the disputing parties sought to be covered by the order, order or in accordance with the terms of this Article. 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 order, specifying the name and shall specify in the request: (a) The names and addresses address of all the disputing parties sought to be covered by the order; (b) The ; the nature of the order sought; and (c) The and the grounds on which the order is sought. 3. Unless the Secretary-General of ICSID finds within 30 days after the date of receiving a request under in conformity with 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 otherwise agree, a the tribunal established under this Article shall comprise three arbitrators. who shall not be nationals or permanent residents of either Party, and who shall be appointed as follows: (a) One one arbitrator appointed by agreement of the claimantsdisputing investors; (b) One one arbitrator appointed by the respondentrespondent Party; and (c) The presiding arbitrator the chairman of the arbitral tribunal appointed by the Secretary-General, provided that the presiding arbitrator is not a natural person General of the respondent or of the non-disputing PartyICSID. 5. If, within the 60 days after the date when the Secretary-General receives a request made in accordance with under paragraph 2, the respondent Party fails or the claimants disputing investors 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, appoint the arbitrator or arbitrators not yet appointed. 6. If Where a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under in accordance with Article 24.1 11 (Institution of Arbiiral Proceedings) 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 over, and hear and determine one or more of the claims, the whose determination of which it believes considers would assist in the resolution of the othersother claims; or (c) Instruct instruct a tribunal previously established under Article 28 12 (Constitution of the Arbitral Tribunal) to assume jurisdiction over, over and to hear and determine together, all or part of the claims, provided that: (i) That that tribunal, on at the request of a claimant that was any disputing investor, not previously a disputing party before that tribunal, shall be reconstituted with its original members, except that the arbitrator for the claimants disputing investors shall be appointed in accordance with paragraph pursuant to paragraphs 4(a) and paragraph 5; and (ii) That that tribunal shall decide whether a prior any previous hearing shall must be repeated. 7. If Where a tribunal has been established under this Article, a claimant disputing investor that has submitted a claim to arbitration under pursuant to Article 24.1 11 (Institution of Arbitral Proceedings) and that has not been named in a request made in accordance with under paragraph 2 2, may make a written request to the tribunal that it be included in any order made issued under paragraph 6. The request shall specify, specifying: (a) The the name and address of the claimantdisputing investor; (b) The the nature of the order sought; and (c) The the grounds on which the order is sought. The claimant shall deliver provide the Secretary-General with a copy of its request to the Secretary-Generalhis request. 8. A tribunal established under pursuant to this Article shall conduct its the proceedings in m accordance with the UNCITRAL Arbitration Rules, except as modified by this Section. 9. A tribunal established under Article 28 12 (Constitution of the Arbitral Tribunal) shall not have jurisdiction to decide a claim, claim or a part of a claim, 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 in accordance with pursuant fo this ArticleArticle may, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 12 (Constitution of the Arbitral Tribunal) be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. 1. If Where two or more claims have been submitted separately to arbitration under Article 24.1 10.16.1 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, order or in accordance with this Articlethe 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 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 order otherwise agree, 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 provided, however, that the presiding arbitrator is shall not be a natural person national of the respondent or of the non-disputing any Party. 5. If, within 60 days after the date when the Secretary-General receives a request made in accordance with under paragraph 2, the respondent fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4, the Secretary-General, on the request of any disputing party sought to be covered by the order, 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 disputing Party, and if the claimants fail to appoint an arbitrator, the Secretary-General shall appoint a national of a Party of the claimants. 6. If Where a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 10.16.1 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 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 instruct a tribunal previously established under Article 28 10.19 to assume jurisdiction over, and hear and determine together, all or part of the claims, provided that: (i) That that tribunal, on at the request of a any 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 in accordance with paragraph pursuant to paragraphs 4(a) and paragraph 5; and (ii) That that tribunal shall decide whether a any prior hearing shall be repeated. 7. If Where a tribunal has been established under this Article, a claimant that has submitted a claim to arbitration under Article 24.1 10.16.1 and that has not been named in a request made in accordance with under paragraph 2 may make a written request to the tribunal that it be included in any order made under paragraph 6. The request , and shall specifyspecify in the request: (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 28 10.19 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 in accordance with under this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 10.19 be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. 1. If Where two or more claims have been submitted separately to arbitration under Article 24.1 20 and the claims have a question of law or fact in In common and arise out of the same events or circumstances, any disputing party may seek a consolidation order in accordance with either the agreement of all the disputing parties sought to be covered by the order, or in accordance with this Articlethe terms of paragraphs 2 through 9. 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 and shall specify 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 and the grounds on which the order is sought. 3. Unless the Secretary-General of ICSID 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 order otherwise agree, 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 and the presiding arbitrator appointed by the Secretary-GeneralGeneral of ICSID, provided provided, however, that the presiding arbitrator is shall not be a natural person national of the respondent or of the non-disputing either Contracting Party. 5. If, within 60 days after the date when the Secretary-General of ICSID receives a request made in accordance with under paragraph 2, the respondent disputing Contracting Party fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4, the Secretary-GeneralGeneral of ICSID, on at the request of any disputing party sought to be covered by the order, shall appoint, in his or her discretion, appoint the arbitrator or arbitrators not yet appointed. 6. If Where a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 20 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 ; or 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 28 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 in accordance with paragraph 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 Article 24.1 and that has not been named in a request made in accordance with 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. 98. A tribunal established under Article 28 Articles 22 through 25 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. 109. On the application of a disputing party, a tribunal established in accordance with under this ArticleArticle may, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 22 through 25 be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. 1. If Where two or more claims have been submitted separately to arbitration under Article 24.1 10.16.1 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, order or in accordance with this Articlethe 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 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 thirty (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 order otherwise agree, 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 provided, however, that the presiding arbitrator is shall not be a natural person national of the respondent or of the non-disputing any Party. 5. If, within 60 days after the date when the Secretary-General receives a request made in accordance with under paragraph 2, the respondent fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4, the Secretary-General, on the request of any disputing party sought to be covered by the order, 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 disputing Party, and if the claimants fail to appoint an arbitrator, the Secretary-General shall appoint a national of a Party of the claimants. 6. If Where a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 10.16.1 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 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 instruct a tribunal previously established under Article 28 10.19 to assume jurisdiction over, and hear and determine together, all or part of the claims, provided that: (i) That that tribunal, on at the request of a any 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 in accordance with paragraph pursuant to paragraphs 4(a) and paragraph 5; and (ii) That that tribunal shall decide whether a any prior hearing shall be repeated. 7. If Where a tribunal has been established under this Article, a claimant that has submitted a claim to arbitration under Article 24.1 10.16.1 and that has not been named in a request made in accordance with under paragraph 2 may make a written request to the tribunal that it be included in any order made under paragraph 6. The request , and shall specifyspecify in the request: (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 28 10.19 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 in accordance with under this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 10.19 be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. 1. If Where two or more claims have been submitted separately to arbitration under Article 24.1 10.15(1) 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, order or in accordance with this Articlethe 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 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 order otherwise agree, 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 provided, however, that the presiding arbitrator is shall not be a natural person national of the respondent or of the non-disputing either Party. 5. If, within 60 days after the date when the Secretary-General receives a request made in accordance with under paragraph 2, the respondent fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4, the Secretary-General, on the request of any disputing party sought to be covered by the order, 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 the non-disputing Party. 6. If Where a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 10.15 (1) 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 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 instruct a tribunal previously established under Article 28 10.18 to assume jurisdiction over, and hear and determine together, all or part of the claims, provided that: (i) That that tribunal, on at the request of a any 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 in accordance with paragraph pursuant to paragraphs 4(a) and paragraph 5; and (iii) That that tribunal shall decide whether a any prior hearing shall be repeated. 7. If Where a tribunal has been established under this Article, a claimant that has submitted a claim to arbitration under Article 24.1 10.15(1) and that has not been named in a request made in accordance with under paragraph 2 may make a written request to the tribunal that it be included in any order made under paragraph 6. The request , and shall specifyspecify in the request: (a) The the name and address of the claimant; ; (b) The the nature of the order sought; and 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 28 10.18 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 in accordance with under this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 10.18 be stayed, unless the latter tribunal has already adjourned adjoumed its proceedings.

Consolidation. 1. If two or more claims have been submitted separately to arbitration under Article 24.1 8.20.1 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, order or in accordance with this Articlethe 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 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 a period of 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 order otherwise agreeagree 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 natural person national of the respondent or of the non-disputing Partya Party of any claimant. 5. If, within a period of 60 days after the date when the Secretary-General receives a request made in accordance with 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 Ifa tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 8.20.1 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 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 instruct a tribunal previously established under Article 28 8.23 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 in accordance with paragraph pursuant to paragraphs 4(a) and paragraph 5; and (ii) That that tribunal shall decide whether a prior hearing shall be repeated. 7. If a tribunal atribunal has been established under this Article, a claimant that has submitted a claim to arbitration under Article 24.1 Article 8.20.1 and that has not been named in a request made in accordance with 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 , and 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 28 8.23 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 in accordance with under this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 8.23 be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. • 1. If Where two or more claims have been submitted separately to arbitration under Article 24.1 20 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 either the agreement of all the disputing parties sought to be covered by the order, or in accordance with this Articlethe terms of paragraphs 2 through 9. • 2. A disputing party that seeks a consolidation order under this Article shall deliver, in writing, a request to the Secretary- Secretary-General of ICSID and to all the disputing parties sought to be covered by the order and shall specify 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 and the grounds on which the order is sought. • 3. Unless the Secretary-General of ICSID 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 order otherwise agree, 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 and the presiding arbitrator appointed by the Secretary-GeneralGeneral of ICSID, provided provided, however, that the presiding arbitrator is shall not be a natural person national of the respondent or of the non-disputing either Contracting Party. • 5. If, within 60 days after the date when the Secretary-General of ICSID receives a request made in accordance with under paragraph 2, the respondent disputing Contracting Party fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4, the Secretary-GeneralGeneral of ICSID, on at the request of any disputing party sought to be covered by the order, shall appoint, in his or her discretion, appoint 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 Article 24.1 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 28 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 in accordance with paragraph 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 Article 24.1 and that has not been named in a request made in accordance with 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 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. 10. On the application of a disputing party, a tribunal established in accordance with this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 be stayed, unless the latter tribunal has already adjourned its proceedings.

Consolidation. 1. If Where two or more claims have been submitted separately to arbitration under Article 24.1 Article 10.16.1 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, order or in accordance with this Articlethe 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 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 order otherwise agree, 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 provided, however, that the presiding arbitrator is shall not be a natural person national of the respondent or of the non-disputing any Party. 5. If, within 60 days after the date when the Secretary-General receives a request made in accordance with under paragraph 2, the respondent fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4, the Secretary-General, on the request of any disputing party sought to be covered by the order, 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 disputing Party, and if the claimants fail to appoint an arbitrator, the Secretary-General shall appoint a national of a Party of the claimants. 6. If Where a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under Article 24.1 10.16.1 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 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 instruct a tribunal previously established under Article 28 10.19 to assume jurisdiction over, and hear and determine together, all or part of the claims, provided that: (i) That that tribunal, on at the request of a any 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 in accordance with paragraph pursuant to paragraphs 4(a) and paragraph 5; and (ii) That that tribunal shall decide whether a any prior hearing shall be repeated. 7. If Where a tribunal has been established under this Article, a claimant that has submitted a claim to arbitration under Article 24.1 10.16.1 and that has not been named in a request made in accordance with under paragraph 2 may make a written request to the tribunal that it be included in any order made under paragraph 6. The request , and shall specifyspecify in the request: (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 28 10.19 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 in accordance with under this Article, pending its decision under paragraph 6, may order that the proceedings of a tribunal established under Article 28 10.19 be stayed, unless the latter tribunal has already adjourned its proceedings.