English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

When there are more than one dispute resulting out of more than one contract concluded between the same parties.
Thanks in advance

2006-08-18 07:27:56 · 1 answers · asked by Stratomanssy 5 in Politics & Government Law & Ethics

1 answers

What do you want to know. How to consolidate?

Well, the simplest is to try and get the other party to agree to consolidation. Because arbitration is a voluntary (contractual) process, it works best when the parties all agree to the procedure.

Failing that, you can petition the arbiters involved to try and get the cases merged. The problem is, if each of the arbitrations is already ongoing, none of the arbiters are likely to want to be the ones cut out of the loop.

If there are not multiple cases already in arbitration (just one), you can try amending your pleading to include the other incidents.

Or if the arbitration has not already started, just have each separate breach or dispute being a different claim when you file.

Finally, if all else fails, you can go attempt to go to a local state court which has authority over the underlying contract, and try to convince the judge to order the disputes to be consolidated. That's an uphill battle, because most judges don't want to get involved in the middle of an existing arbitration.

2006-08-18 07:32:54 · answer #1 · answered by coragryph 7 · 0 1

fedest.com, questions and answers