ICDPASO Commercial Arbitration Rules Interpretation Series 8

ICDPASO Commercial Arbitration Rules Interpretation Series: Article 8. Consolidation of Arbitration

In the interpretation of Article 6 of the ICDPASO Arbitration Rules, the differences and reasons for the application of the "Consolidation of Arbitration" and "Arbitration of Multiple Contracts" rules under the ICDPASO Commercial Arbitration Rules system have been discussed. Among them, "Arbitration of Multiple Contracts" mainly solves the problem of joint claims when the arbitration procedure is initiated, allowing parties to submit claims based on multiple related contracts in a consolidated manner within a single arbitration proceeding; In contrast, consolidation of arbitration refers to the post-facto combination of multiple separately pending arbitration proceedings. The two-exhibit different logical orientations in terms of condition setting: "Arbitration of Multiple Contracts" requires all conditions to be met simultaneously, while strict requirements are placed on admission qualifications; The provision for "consolidation of arbitration" is phrased as " one of the following circumstances", reflecting its broader scope of application and its ability to cover a broader spectrum of scenarios. However, the selective nature of these conditions does not imply that initiating consolidation is easier. Instead, it is designed to encompass a more diverse range of procedural integration situations, thereby requiring the Court of Arbitration to exercise stricter and more comprehensive discretion when deciding whether to consolidate.

On this basis, this article will delve into Article 8 of the ICDPASO Commercial Arbitration Rules, analyzing its specific content and institutional features in the design of the Consolidation of Arbitration mechanism. On the basis of drawing on international practices, this rule incorporates innovative features, fully respecting the party autonomy, and striving to improve procedural efficiency and ensure consistency in rulings. This article will provide guidance on how parties can file a Consolidation of Arbitration application, clarify and remind parties of the possibility of consolidation in the case and the procedural path, in order to help business entities more comprehensively understand and apply the ICDPASO Commercial Arbitration Rules.

I. ICDPASO Commercial Arbitration Rules Article 8. Consolidation of Arbitration

Article 8. Consolidation of Arbitration 

1. A party may apply with the Court of Arbitration to consolidate two or more pending cases conducted in accordance with these Rules into one arbitration case to be heard by the same Arbitral Tribunal in one of the following circumstances: 

(a) where the parties agree with the consolidation of arbitration; 

(b) where all claims of each pending case are made in accordance with the same arbitration agreement; or 

(c) where the claim of each pending case is made according to multiple arbitration agreements with the same or compatible contents, and 

(i) the parties involved and the nature of the legal relationship are the same; or 

(ii) the multiple contracts involved are of a principal-accessory relationship. 

2. The Court of Arbitration may, at deciding the consolidation of arbitration, consider the specific circumstances of arbitration agreements on which relevant arbitration cases are based, the relevance between the cases, the stage of the arbitral proceedings, and the nomination or appointment of arbitrators in the case where the Arbitral Tribunal has been formed. 

3. The arbitration cases to be consolidated by the Court of Arbitration shall be consolidated to the case whose arbitral proceedings commence first, unless otherwise agreed by the parties or decided by the Court of Arbitration based on the circumstances of the cases. 

4. The arbitration case that has not been consolidated shall proceed independently in accordance with these Rules.

II. Analysis of the significance of "Consolidation of Arbitration" 

"Consolidation of Arbitration" refers to the process of consolidating two or more arbitration cases into one arbitration case for trial during the arbitration proceedings. The "Consolidation of Arbitration" system mainly originates from the complex practice of multiple contracts intertwined in international business. When the same transaction involves multiple related contracts and arbitration proceedings are pursued in parallel, it can easily lead to resource waste and conflicting awards. The "Consolidation of Arbitration" mechanism improves arbitration efficiency and maintains arbitration consistency by integrating cases.

Due to the fact that there is usually a specialized case management agency in institutional arbitration, which can go beyond the authority of a single arbitration tribunal and decisively coordinate the merger procedures between multiple independent cases in accordance with unified rules, provisions for Consolidation of Arbitration are commonly found in institutional arbitration rules. Under ad hoc arbitration, if the parties reach an agreement or the arbitral tribunal exercises its discretion, multiple ongoing arbitration proceedings can also be consolidated. According to Article 17 of the UNCITRAL Rules1, this leaves room for the arbitral tribunal to conduct arbitration in a manner it considers appropriate, thereby indirectly affirming the possibility of consolidation of arbitration.

Article 8 of ICDPASO aims to meet the needs of commercial arbitration for procedural efficiency, arbitration coordination, and commercial practice by establishing a clear framework for the consolidation of arbitration systems. Especially considering that the ICDPASO arbitration rules allow claimants to initiate proceedings with an Arbitration Notice, and finally determine their arbitration requests through an application for arbitration after the formation of the Arbitral Tribunal. This mechanism based on the consideration that in the early stages of complex disputes, parties often find it difficult to fully and accurately define all their requests and legal positions. Due to the gradual and clear nature of the program itself, it is particularly important to initiate Consolidation of Arbitration in a timely manner based on the progress and relevance of the case in subsequent stages. This is not only a necessary response to the need to improve the proceedings, but also an inherent requirement for achieving arbitration efficiency and substantive fairness.

It should be noted that, unlike the division of duties for distinguishing stages in "Arbitration of Multiple Contracts", the ICDPASO rules grant the Court of Arbitration the decision-making power to consolidate arbitrations. The primary consideration of this regulation is that the consolidation of arbitration essentially redistributes and centralizes the jurisdiction of multiple independent cases, which constitutes a procedural authority issue that goes beyond individual cases. The consolidation of cases is essentially within the scope of procedural management, and the exercise of this power by the Court of Arbitration is in line with its responsibilities and can ensure the neutrality and efficiency of the proceedings.

III.  Analysis of Article 8, Paragraph 1: Explanation of the Conditions for "Consolidation of Arbitration"

Article 8 of the ICDPASO Rules stipulates that the conditions for parties to file an application for "Consolidation of Arbitration" are similar to the conditions for "Arbitration of Multiple Contracts" in Article 6, with two special features: explicitly stating that "unanimous consent of all parties" is the primary criterion for determining consolidation arbitration; Secondly, it is not mandatory to meet all the conditions of Article 8, paragraph 1 at the same time, leaving room for the Court of Arbitration to exercise discretion. This regulation not only upholds the principle of party autonomy, but also ensures that the consolidation of arbitration system can flexibly adapt to complex case situations.

Under the provisions of the internationally recognized commercial arbitration rules, the three general standards of party agreement, same agreement, and compatibility of multiple agreements are all used as optional conditions for consolidation of arbitration applications, and are explicitly stipulated in the rules text. Among them, "unanimous consent of the parties" and "based on the same arbitration agreement" are almost all rules, such as ICC2,LCIA3,HKIAC4, SIAC rules5, the basic conditions included in all of these demonstrate fundamental respect for the autonomy of the parties involved. When dealing with mergers based on multiple arbitration agreements, the wording of each rule has its own emphasis: The wording used in ICC6 and HKIAC Rules7 are relatively general, such as requiring disputes to involve "the same legal relationship" or arise from "the same transaction or series of related transactions", which gives the arbitration institution greater discretion. The SIAC rules have added the scenario of " the disputes arise out of or in connection with contracts consisting of a principal contract and its ancillary contract(s)" in such conditions8, echoes the "principle-accessory relationship" of ICDPASO. In addition, the HKIAC rules have made detailed and clear provisions regarding the application content, requiring the applicant to submit comprehensive information including case details, legal arguments, opinions on the composition of the Arbitral Tribunal, etc.

The ICDPASO rules do not specifically list the application content in the main text of the terms, presenting a relatively concise procedural style. On the basis of setting the three general conditions of party agreement, same agreement, and compatibility of multiple agreements, its provisions on Consolidation of Arbitration further refine the provisions on the situation of multiple agreement mergers. On the one hand, it clearly lists the " principle-accessory relationship " as an independent basis for merger, eliminating the tedious process of proving whether it belongs to the "same series of transactions" and significantly improving the operability and predictability of the rules. On the other hand, it clearly covers the logical connections between horizontal identical relationships and vertical contractual implications through the dual track system options of "parties and legal relationships are the same" or " principle-accessory relationship ", making the review criteria more rigorous and clearer. At the same time, the rules emphasize that after the consolidation, it will be heard by the same Arbitral Tribunal, which strengthens the efficiency orientation and stability from the starting point of the procedure, laying a solid foundation for the smooth formation of a unified Arbitral Tribunal in the future. These characteristics enable the ICDPASO rules to efficiently and accurately apply to commercial disputes with complex contract structures, achieving an organic integration of advanced international arbitration experience and localized practical needs.

IV. Analysis of Article 8, Paragraph 2: Discretionary Factors Affecting "Consolidation of Arbitration"

If the application for "Consolidation of Arbitration" filed by the parties meets the conditions of Article 8, Paragraph 1, it only indicates that the case is included in the scope of consideration for Consolidation of Arbitration, and does not necessarily mean that the Consolidation of Arbitration procedure will be initiated. Article 8, Paragraph 2 lists in a non-exhaustive manner some other discretionary factors that may affect the decision to consolidate arbitration. These factors require the Court of Arbitration to not only judge whether the formal requirements are met, but also to comprehensively weigh the interests of multiple parties during the review process, in order to further ensure that the Consolidation of Arbitration does not affect the overall fairness. As mentioned earlier, although the scope of application of consolidated arbitration is broad, the criteria for deciding consolidation of arbitration are more stringent, requiring the Court of Arbitration to achieve a balance between multiple values such as procedural efficiency, case fairness, and procedural stability.

When deciding whether to consolidate arbitration, in addition to meeting the necessary conditions, the arbitration institution usually takes into account the following factors: the existing progress and stability of the procedure, such as whether the Arbitral Tribunal has been formed and the stage of the case; The essential pursuit of efficiency and fairness, balancing whether the consolidation is truly beneficial for saving resources and ensuring fairness in individual cases; Respect for the autonomy of the parties involved, even in situations where unanimous consent is not required, will still consider the wishes of all parties involved; And a comprehensive consideration of the special circumstances of each case to ensure that the discretion results are in line with the specific circumstances of the case. As ICC rules10 openly allow the Court of Arbitration to consider various situations it deems relevant when deciding to consolidate arbitration. ICDR rules11 in accordance with SCC rules12, list in detail other factors that need to be taken into consideration, including the stage of progress in the arbitration case, the efficiency and speed of the procedure, and other relevant situations. From this, it can be seen that the initiation of Consolidation of Arbitration is not simply a matter of mechanically meeting the conditions, but requires the Court of Arbitration to comprehensively consider various factors to make a more flexible and tailored merger decision that is in line with the actual situation of the case.

ICDPASO did not adopt an exhaustive list of discretionary elements, but the factors explicitly mentioned in paragraph 2 include: the specific circumstances of arbitration agreements on which relevant arbitration cases are based, the relevance between the cases, the stage of the arbitral proceedings, and the nomination or appointment of arbitrators in the case where the Arbitral Tribunal has been formed. This move aims to reserve sufficient discretion for the Consolidation of Arbitration, facilitating more comprehensive considerations.

One particularly noteworthy factor among the above factors is that cases that have already formed an Arbitral Tribunal may face the key issue of tribunal restructuring in the Consolidation of Arbitration. The right of the parties to appoint arbitrators is the core right of arbitration, and merging multiple already constituted cases means breaking the original arbitration structure. The Court of Arbitration shall comprehensively consider whether the composition of the Arbitral Tribunal in each case is consistent, and decide on the method of forming a new Arbitral Tribunal: whether to retain a complete Arbitral Tribunal or to completely reassign it. This process involves the exercise and protection of the procedural rights of the parties, and may also lead to practical issues such as compensation for the fees of designated arbitrators. In some international commercial arbitration rules, the composition of the Arbitral Tribunal is highly likely to affect the feasibility of consolidated arbitration. As SIAC rules13regulate, after the formation of the arbitration tribunal, it is still possible to apply for consolidation, but the conditions are stricter, such as requiring that "the same arbitration tribunal has already been formed", which means that each arbitration case needs to have reached an agreement on the composition of the arbitration tribunal at the early stage of the procedure. The ICDR arbitration rules have special provisions. If arbitration is consolidated, in principle, all parties to each arbitration case should be deemed to have waived their right to appoint an arbitrator. ICDR Rules allow the arbitration administrator to appoint a consolidation arbitrator, who can revoke the appointment of any arbitrator and choose any previously appointed arbitral tribunal to hear the consolidated case14. If necessary, the arbitration administrator shall complete the appointment of the arbitration tribunal for the consolidated case.This reflects the institution's higher program management authority. The LCIA rules focus on the compatibility review of procedures, and their rules stipulate that if the arbitration to be consolidated has already formed an arbitral tribunal and the arbitrators are different, the merger cannot be carried out15.This reflects respect for the arbitral tribunal that has already been formed.

The ICDPASO rules do not consider the composition of the Arbitral Tribunal as a decisive factorn, but rather include it in the comprehensive consideration scope of the Court of Arbitration. Although the rules do not specify the specific method of restructuring the Arbitral Tribunal, including the formation of the tribunal as a discretionary element essentially gives the Court of Arbitration the power to make corresponding arrangements for the Arbitral Tribunal when deciding on the consolidation, in order to ensure the smooth progress of the proceedings. This approach expands the discretion of the Court of Arbitration, enabling it to consider multiple factors such as the relevance of the case, the wishes of the parties, the progress of the procedure, efficiency and fairness, and avoid damaging substantive justice in individual cases due to the mechanical application of rules, thereby better balancing procedural efficiency and party autonomy in complex situations.

V. Analysis of Article 8, Paragraph 3: Procedural Arrangements for Arbitration after Consolidation

The provision in Article 8, paragraph 3 that " the arbitration cases to be consolidated by the Court of Arbitration shall be consolidated to the case whose arbitral proceedings commence first" establishes a clear and predictable rule, enabling the parties to anticipate that their proceedings may become the basis for the consolidation in the future when initiating arbitration. From a management perspective, taking the first case as the basis for consolidation can maximize the use of the accumulated procedural achievements of the case, such as evidence exchange that has already been conducted, jurisdictional decisions that have been completed, or the formation of an Arbitration Tribunal, avoiding resource waste caused by starting over from scratch.

The general rule of international commercial arbitration rules regarding the procedural arrangement after the consolidation of arbitration is to consolidate the case into the first arbitration case commenced. Among them, ICC rules allow parties to make exceptions to this agreement16, ICDR rules grant the authority to make exception requests to the parties and the arbitrator who consolidates the proceedings17.HKIAC Rules18in accordance with SIAC rules19,similar to the ICDPASO rules, it allows the parties to agree otherwise or the case management agency to make separate arrangements for the proceedings of the consolidated arbitration case after considering the circumstances of the case.

The exception set in Article 8, paragraph 4 of the ICDPASO rules reflects respect for party autonomy and adapts to meet the needs of individual cases. Even if the Court of Arbitration has made a preliminary decision to merge with the first case, as long as all parties agree to choose to consolidate based on another case or jointly propose the design of the procedure, the parties' autonomy take precedence over the default setting of the rules. This provides space for parties to tailor the most suitable plan based on the unique circumstances of their own cases.

At the same time, this rule also empowers and guarantees the Court of Arbitration to fully exercise its procedural management functions. In the case of slow progress due to various reasons, especially in cases where the parties abuse their procedural rights, considering various factors, the Court of Arbitration Court of Arbitration shall proactively decide to place the consolidation procedure in a more efficient and advantageous later initiated case, or designate a new case number to restart the case procedure in a neutral manner. This regulation is based on the advantage of the Court of Arbitration's familiarity with the progress of the case procedure and its neutral management function, thus more comprehensively ensuring the efficiency of the procedure.

The organic unity of principle and flexibility enables ICDPASO rules to flexibly respond to various complex situations that may arise in the practice of consolidated arbitration. It provides predictability and efficiency through default rules, while retaining the pursuit of fairness and substantive reasonableness in individual cases through exception clauses, ensuring that consolidated arbitration can better serve the needs of dispute resolution.

VI.  Analysis of Article 8, Paragraph 4: Handling of Unmerged Cases

Article 8, paragraph 4 of the ICDPASO Commercial Arbitration Rules stipulates that " The arbitration case that has not been consolidated shall proceed independently in accordance with these Rules", which means that for arbitration cases that have applied for consolidation but have not been approved, the legal consequence is to continue to be conducted as independent arbitration proceedings until the final settlement. It ensures that every independent arbitration case will not be placed in a state of procedural suspension or invalidity due to the filing or rejection of a consolidation application, safeguarding the certainty and continuity of the arbitration proceedings.

Although some relevant international commercial arbitration rules do not explicitly provide for the subsequent handling of unconsolidated cases, from the perspective of ensuring procedural stability and efficiency, it can be inferred that the procedures for corresponding cases should continue to be promoted in accordance with the corresponding arbitration rules. At present, Article 16.5 of SIAC rules provides a separate provision for this, clearly stating that any unconsolidated arbitrations shall continue as shall continue as separate arbitrations20.

The establishment of this rule in ICDPASO is reasonable within the framework of the consolidation of arbitration rules. Considering that Consolidation of Arbitration is an exceptional procedure rather than the norm, this rule clarifies that when the merger conditions are not met, the case will return to the norm for handling, providing clear behavioral guidance for the parties, the Court of Arbitration, and the Arbitral Tribunal. In terms of ensuring program stability, this regulation prevents program interruption or uncertainty caused by the consolidation of disputes, ensures that each dispute under an arbitration agreement can obtain an independent final decision, and maintains arbitration as the foundation of an effective dispute resolution mechanism. This clause, together with other clauses under the "Consolidation of Arbitration" rule, constitutes a complete logical system, making the entire Consolidation of Arbitration system more comprehensive and rigorous.

In summary, this rule provides fundamental procedural safeguards to ensure the smooth operation of the Consolidation of Arbitration mechanism and clarify the expectations of all parties, making ICDPASO's Consolidation of Arbitration rules a complete and comprehensive organic system. It not only stipulates that cases can be consolidated when they meet the conditions, but also clarifies that cases should still be conducted independently when they cannot be consolidated, thus balancing procedural efficiency and individual case fairness, and better adapting to the complex situation of international commercial dispute resolution.

VII. Conclusions on Article 8: Significance of the Integration and Development Practice of International Commercial Arbitration

Article 8 of the ICDPASO Commercial Arbitration Rules establishes a clear, inclusive, and flexible framework for consolidated arbitration, providing an efficient path for resolving complex disputes. The design of Article 8 not only strengthens the management function of the Court of Arbitration in complex procedures, but also enhances the attractiveness of the ICDPASO rule system in resolving cross-border complex disputes. Through a hierarchical rule design, it provides a clear and predictable set of standards for the consolidation of arbitration procedures for arbitration participants.

The ICDPASO Commercial Arbitration Rules have comprehensively regulated three special situations that may be involved in the initial stage of arbitration proceedings: "Arbitration of Multiple Contracts" "Joinder of Additional parties," and "Consolidation of Arbitration". On the basis of respecting the basic principles of arbitration, these rules are committed to providing better arbitration legal services to cope with the complexity and interconnectedness of modern international commercial disputes. The ICDPASO Rules embody the characteristics of simplicity and clarity in the provisions of the procedural matters mentioned above, significantly reducing the threshold for parties to understand and use, enabling them to quickly grasp the procedural context in ICDPASO's one-stop legal services. This not only improves the efficiency of connecting services at various stages, making it easier for parties to flexibly exercise their procedural rights, but also focuses on key procedural aspects, thereby fundamentally safeguarding the impartiality and efficiency of arbitration and providing clearer and more practicable guidelines for resolving complex commercial disputes.

1.UNCITRAL Arbitration Rules art.17.1(2021), which provides that: “Subject to these Rules, the arbitral tribunal may conduct the arbitration in such manner as it considers appropriate, provided that the parties are treated with equality and that at an appropriate stage of the proceedings each party is given a reasonable opportunity of presenting its case. The arbitral tribunal, in exercising its discretion, shall conduct the proceedings so as to avoid unnecessary delay and expense and to provide a fair and efficient process for resolving the parties’ dispute.”

2.ICC Arbitration Rules art. 10(2021), which provides that: “The Court may, at the request of a party, consolidate two or more arbitrations pending under the Rules into a single arbitration, where:a) the parties have agreed to consolidation; or b) all of the claims in the arbitrations are made under the same arbitration agreement or agreements…”

3.LCIA Arbitration Rules art. 22.7 (2020), which provides that: “…(i) the consolidation of the arbitration with one or more other arbitrations into a single arbitration subject to the LCIA Rules where all the parties to the arbitrations to be consolidated so agree in writing; (ii) the consolidation of the arbitration with one or more other arbitrations subject to the LCIA Rules and commenced under the same arbitration agreement or any compatible arbitration agreement(s) and either between the same disputing parties or arising out of the same transaction or series of related transactions, provided that no arbitral tribunal has yet been formed by the LCIA Court for such other arbitration(s) or, if already formed, that such arbitral tribunal(s) is(are) composed of the same arbitrators…”

4.HKIAC 2024 Administered Arbitration Rules art.28.1(2024), which provides that: “HKIAC shall have the power, at the request of a party and after consulting with the parties and any confirmed or appointed arbitrators, to consolidate two or more arbitrations pending under these Rules where: (a) the parties agree to consolidate; or (b) all of the claims in the arbitrations are made under the same arbitration agreement…”

5.SIAC Rules art. 16.1(2025), which provides that: “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…”

6.ICC Arbitration Rules art. 10(2021), which provides that: “The Court may, at the request of a party, consolidate two or more arbitrations pending under the Rules into a single arbitration, where: …c) the claims in the arbitrations are not made under the same arbitration agreement or agreements, but the arbitrations are between the same parties, the disputes in the arbitrations arise in connection with the same legal relationship, and the Court finds the arbitration agreements to be compatible.”

7.HKIAC 2024 Administered Arbitration Rules art.28.1(2024), which provides that: “HKIAC shall have the power, at the request of a party and after consulting with the parties and any confirmed or appointed arbitrators, to consolidate two or more arbitrations pending under these Rules where: …(c) the claims are made under more than one arbitration agreement, a common question of law or fact arises in all of the arbitrations, the rights to relief claimed are in respect of, or arise out of, the same transaction or a series of related transactions and the arbitration agreements are compatible.”

8.SIAC Rules art. 16.8(2025), which provides that: “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.”

9.HKIAC 2024 Administered Arbitration Rules art.28.3(2024),which provides that:

“The Request for Consolidation shall include the following: (a) the case references of the arbitrations pending under the Rules requested to be consolidated, where applicable; (b) the names and addresses, telephone and facsimile numbers and/or email addresses of each of the parties to the arbitrations, their representatives and any arbitrators who have been confirmed or appointed in the arbitrations; (c) a request that the arbitrations be consolidated; (d) a copy of the arbitration agreement giving rise to the arbitrations; (e) (f) (g) a copy of the contract(s) or other legal instrument(s) out of or in relation to which the Request for Consolidation arises, or reference thereto; a description of the general nature of the claim and an indication of the amount involved, if any, in each of the arbitrations; a statement of the facts supporting the Request for Consolidation, including, where applicable, evidence of all parties’ written consent to consolidate the arbitrations; (h) the points at issue; (i) (j) the legal arguments supporting the Request for Consolidation; details of any applicable mandatory provision affecting consolidation of arbitrations; (k) comments on the constitution of the arbitral tribunal if the Request for Consolidation is granted, including whether to preserve the appointment of any arbitrators already designated or confirmed; and (l) confirmation that copies of the Request for Consolidation and any supporting materials included with it have been or are being communicated simultaneously to all other relevant parties and any confirmed or appointed arbitrators, by one or more means of service to be identified in such confirmation.”

10.ICC Arbitration Rules art. 10(2021), which provides that: “…In deciding whether to consolidate, the Court may take into account any circumstances it considers to be relevant, including whether one or more arbitrators have been confirmed or appointed in more than one of the arbitrations and, if so, whether the same or different persons have been confirmed or appointed …”

11.International Dispute Resolution Procedures art. 9.3(2021), which provides that: “In deciding whether to consolidate, the consolidation arbitrator shall consult the parties, may consult the arbitral tribunal(s), and may take into account all relevant circumstances, including: a. applicable law; b. whether one or more arbitrators have been appointed in more than one of the arbitrations and, if so, whether the same or different persons have been appointed; c. the progress already made in the arbitrations; d. whether the arbitrations raise common issues of law and/or facts; and e. whether the consolidation of the arbitrations would serve the interests of justice and efficiency.”

12.Arbitration Rules of the SCC Arbitration Institute art. 15(2) (2023), which provides that: “In deciding whether to consolidate, the Board shall consult with the parties and the Arbitral Tribunal and shall have regard to: (i) the stage of the pending arbitration; (ii) the efficiency and expeditiousness of the proceedings; and (iii) any other relevant circumstances.”

13.SIAC Rules art. 16.8(2025), which provides that: “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.”

14.International Dispute Resolution Procedures art. 9.3(2021), which provides that: “At the request of a party or on its own initiative, the Administrator may appoint  a consolidation arbitrator, who will have the power to consolidate two or more  arbitrations pending under these Rules, or these and other arbitration rules  administered by the AAA or ICDR, into a single arbitration where:  …Where the consolidation arbitrator decides to consolidate an arbitration with  one or more other arbitrations, each party in those arbitrations shall be deemed to have waived its right to appoint an arbitrator. The consolidation arbitrator may revoke the appointment of any arbitrators and may select one of the previously-appointed tribunals to serve in the consolidated proceeding. The Administrator shall, as necessary, complete the appointment of the tribunal in the consolidated proceeding. Absent the agreement of all parties, the consolidation arbitrator shall not be appointed in the consolidated proceedings…”

15.LCIA Arbitration Rules art. 22.7 (2020), which provides that: “…(ii) the consolidation of the arbitration with one or more other arbitrations subject to the LCIA Rules and commenced under the same arbitration agreement or any compatible arbitration agreement(s) and either between the same disputing parties or arising out of the same transaction or series of related transactions, provided that no arbitral tribunal has yet been formed by the LCIA Court for such other arbitration(s) or, if already formed, that such arbitral tribunal(s) is(are) composed of the same arbitrators…”

16.ICC Arbitration Rules art. 10(2021), which provides that: “…When arbitrations are consolidated, they shall be consolidated into the arbitration that commenced first, unless otherwise agreed by all parties.”

17.International Dispute Resolution Procedures art. 9.5(2021), which provides that: “When arbitrations are consolidated, they shall be consolidated into the arbitration that commenced first, unless otherwise agreed by all parties or the consolidation arbitrator decides otherwise.”

18.HKIAC 2024 Administered Arbitration Rules art.28.6(2024), which provides that: “Where HKIAC decides to consolidate two or more arbitrations, the arbitrations shall be consolidated into the arbitration that commenced first, unless all parties agree or HKIAC decides otherwise taking into account the circumstances of the case. HKIAC shall communicate such decision to all parties and to any confirmed or appointed arbitrators in all arbitrations.”

19. SIAC Rules art. 16.6(2025), which provides that: “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).”

20.SIAC Rules art. 15(2025), which provides that: “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.”