Examples of Existing Dispute in a sentence
Should the Parties agree that the Dispute should be so determined, the Parties shall seek consent to join the Dispute and the Related Dispute from the Tribunal already appointed to hear the Related Dispute, and from the other parties involved in the Related Dispute (the Existing Tribunal and the Existing Dispute Parties).
If permission for joinder is granted by the Existing Tribunal and the Existing Dispute Parties, the Parties and the Existing Dispute Parties shall agree in writing that their Dispute and Related Dispute shall be determined by way of consolidated arbitration proceedings under the reference of the Existing Tribunal which is already appointed to hear the Related Dispute.
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.
If a Related Dispute arises under a Related Agreement at any time after the commencement of a Dispute under the Capacity Agreement, the Parties agree that, on the written notice of any Party to the Related Dispute to the Parties, that such parties shall be allowed to join the arbitral proceedings in respect of the Existing Dispute where the Tribunal which is already appointed to hear the Existing Dispute considers it appropriate to agree to such joinder and consolidation of disputes.
In addition, any party to this Agreement may apply to a Related Agreement Tribunal for an order that a Related Dispute is related to an Existing Dispute already referred to that Related Agreement Tribunal such that, if each were separately arbitrated, some common question of law or fact would arise in each.