Consolidation of Discussions in the Arbitral Proceeding Clause Samples

Consolidation of Discussions in the Arbitral Proceeding. The Arbitral Tribunal is hereby authorized to decide on matters relating to this Agreement, but the obligations of which are included in other instruments, and they may, as the case may be, consolidate arbitration proceedings subsequently instituted based on these Instruments. The Arbitral Tribunal that is first instituted shall be competent to join proceedings, and it shall, when deciding on the convenience of the consolidation, take into consideration that: (i) the new dispute has questions of fact and of law in common with the pending dispute; (ii) none of the parties to the new dispute or to the pending dispute are harmed; and (iii) the consolidation in that circumstance does not result in unreasonable delays to the pending dispute. Any determination of consolidation issued by an arbitral tribunal shall be binding upon the parties involved in the proceedings in question.