27CConsolidation of arbitral proceedings

27C Consolidation of arbitral proceedings (1) Unless otherwise agreed by the parties, a party to arbitral proceedings may apply to the arbitral tribunal for an order under this section in relation to those proceedings and other arbitral proceedings (whether before that tribunal or another tribunal or other tribunals) on the ground that: (a) a common question of law or fact arises in all those proceedings; or Part 5 Conduct of arbitral proceedings Commercial Arbitration (National Uniform Legislation) Act 2011 27 (b) the rights to relief claimed in all those proceedings are in respect of, or arise out of, the same transaction or series of transactions; or (c) for some other reason specified in the application, it is desirable that an order be made under this section. (2) In this section, 2 or more arbitral proceedings that are the subject of an application under subsection (1) are called the related proceedings. (3) The following orders may be made under this section in relation to the related proceedings: (a) that the proceedings be consolidated on terms specified in the order; (b) that the proceedings be heard at the same time or in a sequence specified in the order; (c) that any of the proceedings be stayed pending the determination of any of the other proceedings. (4) If all the related proceedings are being conducted by the same tribunal, the tribunal may make any order under this section that it thinks fit in relation to those proceedings and, if an order is made, the proceedings must be dealt with in accordance with the order. (5) If 2 or more arbitral tribunals are conducting the related proceedings: (a) the tribunal that received the application must communicate the substance of the application to the other tribunals concerned; and (b) the tribunals must, as soon as practicable, deliberate jointly on the application. (6) If the tribunals agree, after deliberation on the application, that a particular order under this section should be made in relation to the related proceedings: (a) the tribunals are to jointly make the order; and (b) the related proceedings are to be dealt with in accordance with the order; and Part 5 Conduct of arbitral proceedings Commercial Arbitration (National Uniform Legislation) Act 2011 28 (c) if the order is that the related proceedings be consolidated – the arbitrator or arbitrators for the purposes of the consolidated proceedings are to be appointed, in accordance with sections 10 and 11, from the members of the tribunals. (7) If the tribunals are unable to make an order under subsection (6), the related proceedings are to proceed as if no application has been made under subsection (1). (8) Before making an order under this section, the arbitral tribunal or tribunals concerned must take into account whether any party would or might suffer substantial hardship if the order were made. (9) This section does not prevent the parties to related proceedings from agreeing to consolidate them and taking such steps as are necessary to effect that consolidation. Note for section 27C There is no equivalent of this section in the Model Law.