New South Wales Consolidated Acts

COMMERCIAL ARBITRATION ACT 1984 - SECT 26

26 Consolidation of arbitration proceedings

(1) The following provisions of this subsection apply to arbitration proceedings all of which have the same arbitrator or umpire:

(a) the arbitrator or umpire may, on the application of a party in each of the arbitration proceedings, order:

(i) those proceedings to be consolidated on such terms as the arbitrator or umpire thinks just,

(ii) those proceedings to be heard at the same time, or one immediately after the other, or

(iii) any of those proceedings to be stayed until after the determination of any of them,

(b) if the arbitrator or umpire refuses or fails to make such an order, the Court may, on application by a party in any of the proceedings, make such an order as could have been made by the arbitrator or umpire.

(2) The following provisions of this subsection apply to arbitration proceedings not all of which have the same arbitrator or umpire:

(a) the arbitrator or umpire for any one of the arbitration proceedings may, on the application of a party in the proceeding, provisionally order:

(i) the proceeding to be consolidated with other arbitration proceedings on such terms as the arbitrator or umpire thinks just,

(ii) the proceeding to be heard at the same time as other arbitration proceedings, or one immediately after the other, or

(iii) any of those proceedings to be stayed until after the determination of any of them,

(b) an order ceases to be provisional when consistent provisional orders have been made for all of the arbitration proceedings concerned,

(c) the arbitrators or umpires for arbitration proceedings may communicate with each other for the purpose of conferring on the desirability of making orders under this subsection and of deciding on the terms of any such order,

(d) if a provisional order is made for at least one of the arbitration proceedings concerned, but the arbitrator or umpire 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 Court may, on application by a party in any of the proceedings, make an order or orders that could have been made under this subsection,

(e) if inconsistent provisional orders are made for the arbitration proceedings, the Court may, on application by a party in any of the proceedings, alter the orders to make them consistent.

(3) An order or a provisional order may not be made under this section unless it appears:

(a) that some common question of law or fact arises in all of the arbitration 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.

(4) When arbitration proceedings are to be consolidated under this section, the arbitrator or umpire for the consolidated proceedings shall be the person agreed on for the purpose by all the parties to the individual proceedings, but, failing any such agreement, the Court may appoint an arbitrator or umpire for the consolidated proceedings.

(5) Any proceedings before an arbitrator or umpire for the purposes of this section shall be taken to be part of the arbitration proceedings concerned.

(6) Arbitration proceedings may be commenced or continued, notwithstanding that an application to consolidate them is pending under subsection (1) or (2) and notwithstanding that a provisional order has been made in relation to them under subsection (2).

(7) Subsections (1) and (2) apply in relation to arbitration proceedings whether or not all or any of the parties are common to some or all of the proceedings.

(8) Nothing in subsection (1) or (2) prevents the parties to 2 or more arbitration proceedings from agreeing to consolidate those proceedings and taking such steps as are necessary to effect that consolidation.