(1) Unless otherwise
agreed by the parties, a party to arbitral proceedings may apply to the
arbitral 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; or
(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) In this section, 2
or more arbitral proceedings that are the subject of an application under
subsection (1) are called the related proceedings .
(3) The following
orders may be made under this section in relation to the related 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 of the other
proceedings.
(4) If all the related
proceedings are being conducted by the same tribunal, the tribunal may make
any order under this section that it thinks fit in relation to those
proceedings and, if an order is made, the proceedings must be dealt with in
accordance with the order.
(5) If 2 or more
arbitral tribunals are conducting the related proceedings —
(a) the
tribunal that received the application must communicate the substance of the
application to the other tribunals concerned; and
(b) the
tribunals must, as soon as practicable, deliberate jointly on the application.
(6) If 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 are to jointly make the order; and
(b) the
related proceedings are to 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 are to be
appointed, in accordance with sections 10 and 11, from the members of the
tribunals.
(7) If the tribunals
are unable to make an order under subsection (6), the related proceedings are
to proceed as if no application has been made under subsection (1).
(8) Before making an
order under this section, the arbitral tribunal or tribunals concerned must
take into account whether any party would or might suffer substantial hardship
if the order were made.
(9) 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.
Note for this section:
There is no equivalent
to this section in the Model Law.