FAI ExpArb FAI Expedited Arbitration Rules 2024
FAI ExpArb
FAI Expedited Arbitration Rules 2024
14.1 At the request of a party, the Board may consolidate two or more arbitrations pending under the Rules into a single arbitration if:
(a) all parties have agreed to consolidation; or
(b) all claims in the arbitrations are made under the same arbitration agreement; or
(c) where the claims in the arbitrations are made under different arbitration agreements, the disputes in the arbitrations arise in connection with the same legal relationship and the arbitration agreements do not contain contradictory provisions that would render the consolidation impossible.
14.2 When deciding whether to consolidate two or more arbitrations in the situations referred to in Article 14.1(b)–(c), the Board shall take into account:
(a) the identity of the parties in the different arbitrations;
(b) the connections between the claims made in the different arbitrations;
(c) whether any arbitrator has been confirmed in any of the arbitrations and, if so, whether the same or different persons have been confirmed; and
(d) any other relevant circumstances.
14.3 Before the Board decides whether to consolidate the arbitrations, it shall consult with all parties and any confirmed arbitrator in all the arbitrations.
14.4 Where the Board decides to consolidate the arbitrations, all parties to all the arbitrations will be deemed to have waived their right to nominate an arbitrator, and the Board may revoke the confirmation and appointment of the sole arbitrator and apply the provisions of Article 19 in the appointment of the sole arbitrator.
14.5 When arbitrations are consolidated, they shall be consolidated into the arbitration that commenced first, unless otherwise agreed by all parties.
Source: FAI
Imported: