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Free Trade Agreement Between Bolivia and Mexico
A consolidation tribunal established in accordance with this article shall be installed with due observance of the UNCITRAL Arbitration Rules and shall proceed as specified in those rules, except when this section provides otherwise. (Article 15-27(1)).
When a consolidation tribunal determines that the claims submitted to arbitration in accordance with Article 15-21 raise common questions of fact and law, the consolidation tribunal, in the interest of fair and efficient settlement of such questions, and after having heard the disputing Parties, may assume jurisdiction, handle and settle: a) all or part of the claims, on a joint basis; or b) one or more of the claims on the grounds that this will contribute to the settlement of the others. (Article 15-27(2)).
A disputing party that wishes claims to be treated jointly as detailed in paragraph 2, shall request the Secretary-General to set up a consolidation tribunal and shall specify in its request: the name of the disputing Party or of the disputing investors against whom the consolidation of claims is sought; a) the nature of the consolidation decision requested; and b) the grounds on which the consolidation petition is based. (Article 15-27(3)).
Paragraphs 4 to 12 contain provisions related to the constitution of the consolidation tribunal as well as to the procedure and timing for the tribunal=s settlement of the dispute. (Article 15-27).
Free Trade Agreement Between Costa Rica and Mexico
A consolidation tribunal established in accordance with this article shall be installed with due observance of the UNCITRAL Arbitration Rules and shall proceed as specified in those rules, except when this section provides otherwise. (Article 13-28(1)).
When a consolidation tribunal determines that the claims submitted to arbitration in accordance with Article 13-22 raise common questions of fact and law, the consolidation tribunal, in the interest of fair and efficient settlement of such questions, and after having heard the disputing Parties, may assume jurisdiction, handle and settle: a) all or part of the claims, on a joint basis; or b) one or more of the claims on the grounds that this will contribute to the settlement of the others. (Article 13-28(2)).
A disputing party that wishes claims to be treated jointly as detailed in paragraph 2, shall request the Secretary-General to set up a consolidation tribunal and shall specify in its request: the name of the disputing Party or of the disputing investors against whom the consolidation of claims is sought; a) the nature of the consolidation decision requested; and b)the grounds on which the consolidation petition is based. (Article 13-28(3)).
Paragraphs 4 to 12 contain provisions related to the constitution of the consolidation tribunal as well as to the procedure and timing for the tribunal's settlement of the dispute. (Article 13-28).
Free Trade Agreement Between Canada and Chile
A Tribunal established under this Article shall be established under the UNCITRAL Arbitration Rules and shall conduct its proceedings in accordance with those Rules, except as modified by this Section. (Article G-27(1)).
Where a Tribunal established under this Article is satisfied that claims have been submitted to arbitration under Article G-21 that have a question of law or fact in common, the Tribunal may, in the interests of fair and efficient resolution of the claims, and after hearing the disputing parties, by order: (a) assume jurisdiction over, and hear and determine together, all or part of the claims; or (b) assume jurisdiction over, and hear and determine one or more of the claims, the determination of which it believes would assist in the resolution of the others. (Article G-27(2)).
A disputing party that seeks an order under paragraph 2 shall request the Secretary-General to establish a Tribunal and shall specify in the request: (a) the name of the disputing Party or disputing investors against which the order is sought; (b) the nature of the order sought; and (c) the grounds on which the order is sought. (Article G-27(3)). Paragraphs 4-13 of Article G-27 contain rules regarding the constitution of the consolidation tribunal and procedures for the settlement of the dispute by the tribunal. (Article G-27)).