Consolidated Proceedings. Each Party hereby consents to a single, consolidated arbitration proceeding of multiple claims, or claims involving more than two parties. The prevailing Party or parties in any arbitration conducted under this paragraph shall be entitled to recover from the other Party or parties (as part of the arbitral award or order) its or their reasonable attorneys' fees and other reasonable costs of arbitration.
Consolidated Proceedings. All proceedings that have been consolidated with the OII, including A. 00-00-000, A. 00-00-000, A. 00-00-000, and A. 00-00-000.
Consolidated Proceedings. In order to facilitate the comprehensive resolution of related disputes, and upon request of any party to the arbitration proceeding, the arbitration tribunal may, within 90 days of its appointment, consolidate the arbitration proceeding with any other arbitration proceeding involving any of the parties hereto relating to this Agreement, the Stock Purchase and Subscription Agreement, the Max Re Parent Agreement or the other Ancillary Agreements (as defined in the Stock Purchase and Subscription Agreement). The arbitrators shall not consolidate such arbitrations unless they determine that (i) there are issues of fact or law common to the two proceedings so that a consolidated proceeding would be more efficient than separate proceedings, and (ii) no party hereto would be prejudiced as a result of such consolidation through undue delay or otherwise. In the event of different rulings on this question by the arbitration tribunal constituted hereunder and the tribunal constituted under Stock Purchase and Subscription Agreement, the ruling of the panel appointed under the Stock Purchase and Subscription Agreement shall control. In the case of a consolidated proceeding, the arbitrators in that proceeding shall be named as provided in the Stock Purchase and Subscription Agreement.
Consolidated Proceedings. Effective: January 1, 2009 Page 16 of 44 2009 Agency Markets Workers’ Compensation Catastrophe Reinsurance Contract
Consolidated Proceedings. The parties consent that any pending or contemplated arbitration hereunder may be consolidated with any prior arbitration arising under this Section 11.05 for the purposes of efficiency and to avoid the possibility of inconsistent awards. An application for such consolidation may be made by either party to this Agreement to the Panel for the prior arbitration. The Panel to the prior arbitration shall, after providing all interested parties the opportunity to comment on such application, order that any such pending or contemplated arbitration be consolidated into a prior arbitration if it determines that: (i) the issues in the arbitrations involve common questions of law or fact; (ii) no party to either arbitration shall be prejudiced, whether by delay or otherwise, by the consolidation; (iii) any party to the pending or contemplated arbitration that did not join an application for consolidation, or does not consent to such an application, is sufficiently related to the parties in the prior arbitration that their interests were sufficiently represented in the appointment of the tribunal for the prior arbitral tribunal; and (iv) consolidation would be more efficient than separate arbitral proceedings.
Consolidated Proceedings. The Parties consent that any pending or contemplated arbitration hereunder may be consolidated with any prior arbitration arising under this arbitration agreement or an agreement to arbitrate set forth in any Transaction Documents for the purposes of efficiency and to avoid the possibility of inconsistent awards. An application for such consolidation may be made by any party to this Reinsurance Agreement to the Panel for the prior arbitration. The Panel to the prior arbitration shall, after providing all interested parties the opportunity to comment on such application, order that any such pending or contemplated arbitration be consolidated into a prior arbitration if it determines that: (i) the issues in the arbitrations involve common questions of law or fact; (ii) no party to either arbitration shall be prejudiced, whether by delay or otherwise, by the consolidation; (iii) any party to the pending or contemplated arbitration that did not join an application for consolidation, or does not consent to such an application, is sufficiently related to the parties in the prior arbitration that their interests were sufficiently represented in the appointment of the tribunal for the prior arbitral tribunal; and (iv) consolidation would be more efficient than separate arbitral proceedings.
Consolidated Proceedings. The Beneficiary and the Grantor consent that any pending or contemplated arbitration hereunder may be consolidated with any prior arbitration arising under this arbitration agreement or an agreement to arbitrate set forth in any Transaction Documents for the purposes of efficiency and to avoid the possibility of inconsistent awards. An application for such consolidation may be made by any party to this Trust Agreement or the Reinsurance Agreement or any of the other documents related to the transaction contemplated by the Reinsurance Agreement to the Panel for the prior arbitration. The Panel to the prior arbitration shall, after providing all interested parties the opportunity to comment on such application, order that any such pending or contemplated arbitration be consolidated into a prior arbitration if it determines that: (i) the issues in the arbitrations involve common questions of law or fact; (ii) no party to either arbitration shall be prejudiced, whether by delay or otherwise, by the consolidation; (iii) any party to the pending or contemplated arbitration that did not join an application for consolidation, or does not consent to such an application, is sufficiently related to the parties in the prior arbitration that their interests were sufficiently represented in the appointment of the tribunal for the prior arbitral tribunal; and (iv) consolidation would be more efficient than separate arbitral proceedings.
Consolidated Proceedings. To the extent a Dispute involves a common question of fact or law with any other dispute or claim between XYZ and Owner under the Prime Contract, the Dispute shall be resolved in accordance with any applicable resolution provisions under the Prime Contract. In this event, Subcontractor shall be responsible for preparing and presenting XYZ's case, to the extent the resolution proceedings are related to this Agreement. If XYZ enters into any arbitration or other proceeding with Owner or others regarding matters relating to this Agreement, Subcontractor shall be bound by the result of the arbitration or proceeding to the same degree as XYZ. Further, Subcontractor specifically agrees that it shall be a proper party to such arbitration or proceeding and shall be responsible to compel its subcontractors or suppliers to be parties to such arbitration or proceeding. Subcontractor shall have the obligation to join any arbitration between Owner and XYZ which involves, in any respect, the Work performed by Subcontractor. Nothing in this Section 17 shall require XYZ to participate in any arbitration with Subcontractor if there is a dispute between Owner and XYZ involving Subcontractor's Work and Owner and XYZ are not parties to an agreement requiring binding arbitration to resolve the dispute
Consolidated Proceedings. If more than one arbitral proceeding has commenced under this Agreement, and a party that is a party to any such arbitral proceedings contends that two or more of the proceedings are substantially related and that the issues should be heard in one proceeding, the arbitrator appointed in the first of such proceedings to be filed shall have the power and authority to determine whether in the interests of justice and efficiency the proceedings should be consolidated. The parties hereby consent to such consolidation of arbitral proceedings and agree to take any other steps as may be required to give effect to such consolidation. The arbitrator in any such consolidated arbitral proceeding shall be appointed and the proceeding shall be governed in accordance with Section 8.2 (Arbitration).
Consolidated Proceedings. 23 ARTICLE XIII - GENERAL...........................................................................................23 Section 13.1 Relationship of the Parties................................................................23 Section 13.2 Notices....................................................................................23 Section 13.3 Governing Law..............................................................................26 Section 13.4 No Waiver..................................................................................26 Section 13.5 Offset.....................................................................................26 Section 13.6 Counterparts...............................................................................26 Section 13.7 Severability...............................................................................26 Section 13.8 Assignment and Third Party Beneficiaries...................................................26 Section 13.9 Integration: Amendment: Reliance...........................................................26 INSURANCE MANAGEMENT AGREEMENT, dated as of May 10, 2001 between MAX RE MANAGERS LTD., a company incorporated under the laws of Bermuda (the "Manager"), MAX RE CAPITAL LTD., a company incorporated under the laws of Bermuda ("Max Re Parent"), BAYERISCHE HYPO- UND VEREINSBANK AG, a company incorporated under the laws of Germany ("HVB") and GRAND CENTRAL RE LIMITED, a company incorporated under the laws of Bermuda (the "Company").
