Consolidation of Arbitration Cases

Two or more arbitration cases relating to each other to certain extent may be consolidated into one, either at the request of a disputing party or with the consent of both disputing parties.

According to CIETAC Arbitration Rules, two or more arbitrations may be consolidated if: (a) all of the claims in the arbitrations are made under the same arbitration agreement; (b) the claims in the arbitrations are made under multiple arbitration agreements that are identical or compatible and the arbitrations involve the same parties as well as legal relationships of the same nature; (c) the claims in the arbitrations are made under multiple arbitration agreements that are identical or compatible and the multiple contracts involved consist of a principle contract and its ancillary contract(s); or (d) all the parties to the arbitrations have agreed to consolidation.

SHIAC Arbitration Rules contain only two requirements for such consolidation: consent of all the parties concerned; and related arbitrations or arbitrations involving same or same sort of subject matter. SCIA Arbitration Rules only requires written consent by all parties for such consolidation.

The decision on consolidation will be made by the arbitral tribunal or the arbitration commission before the appointment of an arbitral tribunal. The consolidated cases will be arbitrated by the same arbitral tribunal and a single award or separate awards on the consolidated cases at the request of the disputing parties.