Common use of Joinder and Consolidation Clause in Contracts

Joinder and Consolidation. 7.1 If a Dispute arises between the Employer and the Contractor and the Employer serves or receives a Dispute Notice and/or a Mediation Notice and/or a Notice of Intention to seek Adjudication and/or a request for arbitration in accordance with this Annex 1 on the Contractor, the Employer shall also provide a copy to the NDA and the Employer’s parent company at the same time. 7.2 On receipt of a copy of a Dispute Notice and/or a Mediation Notice and/or a Notice of Intention to seek Adjudication and/or a request for arbitration from the Employer in relation to the Contract the NDA shall, regardless of whether it has not exercised such right before in relation to the Dispute: 7.2.1 be entitled (but not obliged), at its absolute discretion and upon notice to the Employer to take over and conduct any claim brought by the Employer in respect of the Contract in the name of the Employer; 7.2.2 be entitled (but not obliged), to handle any claim made against the Employer, in respect of which the NDA considers it will have a liability under the terms of the Contract, for the entire or partial financial effect of that claim; 7.3 A request for arbitration by a Party under this Annex 1 may include a Dispute and a Related Dispute. 7.4 A Party served with a request for arbitration may at any time before the Tribunal is appointed, give a request for arbitration in respect of any Related Dispute. In that case the arbitration of the Related Dispute shall be referred to the same Tribunal and consolidated with the arbitration of the Dispute in the original request for arbitration. 7.5 After a Tribunal has been appointed, any Party to the arbitration may give a further request for arbitration in respect of any Related Dispute referring it to Tribunal as that appointed for the arbitration of the Dispute in the original request for arbitration. In that case the Tribunal shall have a discretion as to whether the Related Dispute is consolidated with the arbitration of the Dispute in the original request for arbitration. In exercising its discretion the Tribunal shall consider: (a) whether any evidentiary hearing on the merits of the Dispute in the original request for arbitration has begun; (b) whether the Dispute in the original request for arbitration has already been finally determined as to liability; and (c) any written representations made in accordance with Paragraph 7.6. 7.6 Any Party to the Related Dispute or to the Dispute in the original request for arbitration, shall be entitled to make a written representation to the Tribunal as to whether any evidentiary hearing on the merits of the Dispute in the original request for arbitration has begun and/or as to whether the Dispute in the original request for arbitration has already been finally determined as to liability, within seven (7) Calendar Days of the referral of the Related Dispute to the Tribunal. 7.7 If following seven (7) Calendar Days of the referral of the Related Dispute to the Tribunal, the Tribunal considers in its absolute discretion that; (a) any evidentiary hearing on the merits of the Dispute in the original request for arbitration has not begun; and/or (b) the Dispute in the original request for arbitration has not already been finally determined as to liability it shall order the consolidation of the Related Dispute with the arbitration of the Dispute in the original request for arbitration. 7.8 A Party that receives more than one request for arbitration for Disputes which constitute Related Disputes may give notice requiring that they be referred to the same Tribunal and consolidated in accordance with Paragraph 7. The Employer shall exercise this right if requested to do so by the NDA following service by the NDA of a request for arbitration where the Employer has also received a request for arbitration in respect f the Contract in accordance with this Annex 1.