SIAC Arb SIAC Arbitration Rules (2025)
SIAC Arb
SIAC Arbitration Rules (2025)
16.1 Prior to the constitution of any Tribunal in the arbitrations sought to be consolidated, a party may file an application with the Registrar to consolidate two or more arbitrations filed under Rule 15.1, or otherwise pending under these Rules, into a single arbitration where:
(a) all parties have agreed to the consolidation;
(b) all the claims, counterclaims, and cross-claims in the arbitrations are made under the same arbitration agreement; or
(c) the arbitration agreements are compatible, and: (i) the disputes arise out of or in connection with the same legal relationship(s); (ii) the disputes arise out of or in connection with contracts consisting of a principal contract and its ancillary contract(s); or (iii) the disputes arise out of or in connection with the same transaction or series of transactions.
16.2 An application for consolidation under Rule 16.1 shall include:
(a) the date and mode of delivery of the application on all parties and any appointed arbitrators;
(b) the case reference numbers of the arbitrations sought to be consolidated, where available;
(c) the identity and contact details of the parties and their representatives, and any arbitrators who have been nominated or appointed in the arbitrations sought to be consolidated;
(d) the information specified in Rule 6.3(d) and Rule 6.3(e);
(e) a statement on the existence of any third-party funding agreement in respect of the arbitrations sought to be consolidated and the identity and contact details of the third-party funder; and
(f) a statement of the facts and legal basis supporting the application.
16.3 The Registrar may order a stay of any of the arbitrations sought to be consolidated pending the decision of the SIAC Court on the application for consolidation.
16.4 The SIAC Court shall, after considering the views of the parties, decide whether to grant, in whole or in part, an application for consolidation under Rule 16.1. Where an application for consolidation is made under Rule 16.1(a) by agreement of all parties, the President shall decide the application and the decision of the President shall be deemed to be a decision of the SIAC Court.
16.5 The SIAC Court’s decision to grant an application for consolidation under Rule 16.4 is without prejudice to the Tribunal’s power to subsequently decide any question as to its jurisdiction arising from such decision. The SIAC Court’s decision to reject an application for consolidation under Rule 16.4 is without prejudice to any party’s right to apply to the Tribunal for consolidation pursuant to Rule 16.8. Any arbitrations that are not consolidated shall continue as separate arbitrations.
16.6 Where the SIAC Court decides to consolidate two or more arbitrations under Rule 16.4, the arbitrations shall be consolidated into the arbitration that is deemed by the Registrar to have commenced first, unless otherwise agreed by all parties or the SIAC Court decides otherwise. For the purpose of the administration of the consolidated arbitration, the SIAC Court will designate the parties in the consolidated arbitration as claimant(s) and respondent(s).
16.7 Where an application for consolidation is granted under Rule 16.4, the President may, after considering the views of the parties, revoke the appointment of any arbitrators who were appointed prior to the SIAC Court’s decision on consolidation. Unless the Registrar determines otherwise, the appointment provisions under these Rules shall apply as appropriate, and any timelines thereunder shall run from the date of receipt of the SIAC Court’s decision under Rule 16.4.
16.8 After the constitution of a Tribunal in any of the arbitrations sought to be consolidated, a party may apply to the Tribunal to consolidate two or more arbitrations pending under these Rules into a single arbitration where:
(a) all parties have agreed to the consolidation;
(b) all the claims, counterclaims, and cross-claims in the arbitrations are made under the same arbitration agreement, and the same Tribunal has been constituted in each of the arbitrations or no Tribunal has been constituted in the other arbitration(s); or
(c) the arbitration agreements are compatible, the same Tribunal has been constituted in each of the arbitrations or no Tribunal has been constituted in the other arbitration(s), and: (i) the disputes arise out of or in connection with the same legal relationship(s); (ii) the disputes arise out of or in connection with contracts consisting of a principal contract and its ancillary contract(s); or (iii) the disputes arise out of or in connection with the same transaction or series of transactions.
16.9 Subject to any specific directions of the Tribunal, the provisions of Rule 16.2 shall apply, mutatis mutandis, to an application for consolidation under Rule 16.8.
16.10 The Tribunal shall, after giving all parties the opportunity to be heard, decide whether to grant, in whole or in part, an application for consolidation under Rule 16.8. The Tribunal’s decision to grant an application for consolidation under this Rule 16.10 is without prejudice to the Tribunal’s power to subsequently decide any question as to its jurisdiction arising from such decision. Any arbitrations that are not consolidated shall continue as separate arbitrations.
16.11 Where an application for consolidation is granted under Rule 16.10, the President may, after considering the views of the parties, revoke the appointment of any arbitrators who were appointed prior to the Tribunal’s decision on consolidation.
16.12 The President’s decision to revoke the appointment of any arbitrator under Rule 16.7 or Rule 16.11 is without prejudice to the validity of any act done or any decision, ruling, order, or award made by the arbitrator before his or her appointment was revoked.
16.13 Where an application for consolidation is granted under Rule 16.4 or Rule 16.10, any party which did not have the opportunity to nominate an arbitrator or otherwise participate in the constitution of the Tribunal shall be deemed to have waived any such right, without prejudice to the right of such party to challenge an arbitrator pursuant to Rule 26.
Imported: