Commonwealth Consolidated Acts

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Consolidation of arbitral proceedings

             (1)  A party to arbitral proceedings before an arbitral tribunal may apply to the tribunal for an order under this section in relation to those proceedings and other arbitral proceedings (whether before that tribunal or another tribunal or other tribunals) on the ground that:

                     (a)  a common question of law or fact arises in all those proceedings;

                     (b)  the rights to relief claimed in all those proceedings are in respect of, or arise out of, the same transaction or series of transactions; or

                     (c)  for some other reason specified in the application, it is desirable that an order be made under this section.

             (2)  The following orders may be made under this section in relation to 2 or more arbitral proceedings:

                     (a)  that the proceedings be consolidated on terms specified in the order;

                     (b)  that the proceedings be heard at the same time or in a sequence specified in the order;

                     (c)  that any of the proceedings be stayed pending the determination of any other of the proceedings.

             (3)  Where an application has been made under subsection (1) in relation to 2 or more arbitral proceedings (in this section called the related proceedings ), the following provisions have effect.

             (4)  If all the related proceedings are being heard by the same tribunal, the tribunal may make such order under this section as it thinks fit in relation to those proceedings and, if such an order is made, the proceedings shall be dealt with in accordance with the order.

             (5)  If 2 or more arbitral tribunals are hearing the related proceedings:

                     (a)  the tribunal that received the application shall communicate the substance of the application to the other tribunals concerned; and

                     (b)  the tribunals shall, as soon as practicable, deliberate jointly on the application.

             (6)  Where the tribunals agree, after deliberation on the application, that a particular order under this section should be made in relation to the related proceedings:

                     (a)  the tribunals shall jointly make the order;

                     (b)  the related proceedings shall be dealt with in accordance with the order; and

                     (c)  if the order is that the related proceedings be consolidated--the arbitrator or arbitrators for the purposes of the consolidated proceedings shall be appointed, in accordance with Articles 10 and 11 of the Model Law, from the members of the tribunals.

             (7)  If the tribunals are unable to make an order under subsection (6), the related proceedings shall proceed as if no application has been made under subsection (1).

             (8)  This section does not prevent the parties to related proceedings from agreeing to consolidate them and taking such steps as are necessary to effect that consolidation.

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