Page:Arbitration Ordinance (Cap. 609).pdf/97

ARBITRATION ORDINANCE—SCHEDULE 2 '''2. Consolidation of arbitrations'''

(1) If, in relation to 2 or more arbitral proceedings, it appears to the Court—
 * (a) that a common question of law or fact arises in both or all of them;
 * (b) that the rights to relief claimed in those arbitral proceedings are in respect of or arise out of the same transaction or series of transactions; or
 * (c) that for any other reason it is desirable to make an order under this section,

the Court may, on the application of any party to those arbitral proceedings—
 * (d) order those arbitral proceedings—
 * (i) to be consolidated on such terms as it thinks just; or
 * (ii) to be heard at the same time or one immediately after another; or
 * (e) order any of those arbitral proceedings to be stayed until after the determination of any other of them.

(2) If the Court orders arbitral proceedings to be consolidated under subsection (1)(d)(i) or to be heard at the same time or one immediately after another under subsection (1)(d)(ii), the Court has the power—
 * (a) to make consequential directions as to the payment of costs in those arbitral proceedings; and
 * (b) if—
 * (i) all parties to those arbitral proceedings are in agreement as to the choice of arbitrator for those arbitral proceedings, to appoint that arbitrator; or
 * (ii) the parties cannot agree as to the choice of arbitrator for those arbitral proceedings, to appoint an arbitrator for those arbitral proceedings (and, in the case of arbitral proceedings to be heard at the same time or one immediately after another, to appoint the same arbitrator for those arbitral proceedings).

(3) If the Court makes an appointment of an arbitrator under subsection (2) for the arbitral proceedings to be consolidated or to be heard at the same time or one immediately after another, any appointment of any other arbitrator that has been made for any of those arbitral proceedings ceases to have effect for all purposes on and from the appointment under subsection (2).

(4) The arbitral tribunal hearing the arbitral proceedings that are consolidated under subsection (1)(d)(i) has the power under sections 74 and 75 in relation to the costs of those arbitral proceedings.