Existing Dispute definition
Examples of Existing Dispute in a sentence
Any dispute as to whether or not a dispute is a Related Dispute shall be referred to, and finally resolved by, the arbitral tribunal appointed or to be appointed in respect of an Existing Dispute.
Where, pursuant to the foregoing provisions, the same tribunal has been appointed in relation to two or more disputes (i.e. an Existing Dispute and a Related Dispute), the tribunal shall order that the whole or part of the matters at issue shall be heard together upon such terms or conditions as the tribunal thinks fit.
In such case, the Arbitral Tribunal may, subject to the prior agreement of all Parties and other parties involved in the Existing Dispute and the Related Dispute, having regard to the stage of the proceedings of the Existing Dispute and other relevant circumstances, consolidate the proceedings arising out of the Existing Dispute and the Related Dispute.
Where one or more members of the Arbitral Tribunal appointed in relation to the Existing Dispute declines appointment in relation to the Related Dispute, replacement arbitrator(s) shall be selected and appointed by the LCIA Court.
Notice of such Joinder Order must be given to all parties to the Existing Dispute, the joined party and the Registrar.