Section 3: Consolidation of arbitral proceedings

3. Consolidation of arbitral proceedings (1) Where 2 or more arbitral proceedings have the same arbitral tribunal appointed in respect of each of the arbitral proceedings the arbitral tribunal may, on the application of at least one party in each of the arbitral proceedings, order— (a) those proceedings to be consolidated on such terms as the arbitral tribunal thinks just; (b) those proceedings to be heard at the same time, or one immediately after the other; or (c) any of those arbitral proceedings to be stayed on such terms as it considers appropriate. (2) Where an application has been made to the arbitral tribunal under subparagraph (1) and the arbitral tribunal refuses or fails to make an order under that subparagraph, the Supreme Court may, on application by a party in any of the proceedings, make any such order as could have been made by the arbitral tribunal. (3) Where 2 or more arbitral proceedings do not have the same arbitral tribunal appointed in respect of each of the arbitral proceedings but each arbitral proceeding is subject to this Act— (a) the arbitral tribunal of any one of the arbitral proceedings may, on the application of a party in the proceedings, provisionally order— (i) the arbitral proceedings to be consolidated with other arbitral proceedings on such terms as the arbitral tribunal thinks just; (ii) the arbitral proceedings to be heard at the same time as other arbitral proceedings, or one immediately after the other; or [Issue 6] I15A – 28 Revised Laws of Mauritius (iii) any of those arbitral proceedings to be stayed until after the determination of any other of them; (b) an order shall cease to be provisional where consistent provisional orders have been made for all of the arbitral proceedings concerned; (c) the arbitral tribunals may communicate with each other for the purpose of conferring on the desirability of making orders under this subparagraph and of deciding on the terms of any such order; (d) if a provisional order is made for at least one of the arbitral proceedings concerned, but the arbitral tribunal for another of the proceedings refuses or fails to make such an order (having received an application from a party to make such an order), the Supreme Court may, on application by a party in any of the proceedings, make an order or orders that could have been made under this subparagraph; (e) if inconsistent provisional orders are made for the arbitral proceedings, the Supreme Court may, on application by a party in any of the proceedings, alter the orders to make them consistent. (4) Where arbitral proceedings are to be consolidated under subparagraph (3), the arbitral tribunal for the consolidated proceedings shall be that agreed on for the purpose by all the parties to the individual proceedings, but, failing such an agreement, the PCA shall appoint an arbitral tribunal for the consolidated proceedings. (5) An order or a provisional order may not be made under this paragraph unless it appears— (a) that some common question of law or fact arises in all of the arbitral proceedings; (b) that the rights to relief claimed in all of the proceedings are in respect of, or arise out of, the same transaction or series of transactions; or (c) that for some other reason it is desirable to make the order or provisional order. (6) Any proceedings before an arbitral tribunal for the purposes of this paragraph shall be treated as part of the arbitral proceedings concerned. (7) Arbitral proceedings may be commenc e common question of law or fact arises in all of the arbitral proceedings; (b) that the rights to relief claimed in all of the proceedings are in respect of, or arise out of, the same transaction or series of transactions; or (c) that for some other reason it is desirable to make the order or provisional order. (6) Any proceedings before an arbitral tribunal for the purposes of this paragraph shall be treated as part of the arbitral proceedings concerned. (7) Arbitral proceedings may be commenced or continued, although an application to consolidate them is pending under subparagraphs (1) to (3) and although a provisional order has been made in relation to them under subparagraph (3). (8) Subparagraphs (1) and (3) shall apply in relation to arbitral proceedings, whether or not all or any of the parties are common to some or all of the proceedings, provided that each of the parties to each of the arbitral proceedings in respect of which consolidation is sought have by way of arbitration agreement (as defined in this Act) consented to consolidation pursuant to subparagraphs (1) to (2). (9) Nothing in this paragraph shall prevent the parties to 2 or more arbitral proceedings from agreeing to consolidate those proceedings and taking such steps as are necessary to effect that consolidation.