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Modifications Made by the 2012 Rules
Under the 1998 Rules, consolidation was regulated under Art. 4(6).
The relevant article permitted consolidation only in cases in which the
parties were the same, unless the parties had agreed to consolidate. The
2012 Rules adopt a more liberal approach than that of the 1998 Rules
concerning consolidation. Art. 10, subparagraph (b) permits consolida-
tion when the claims in the arbitrations are made under the same arbi-
tration agreement, including the cases in which the parties are not the
same.
On the other hand, the 1998 Rules were silent on the conditions to
be considered for consolidation under multiple agreements, which are
expressly regulated under the 2012 Rules. It should be emphasized that
although it was not regulated under the 1998 Rules, the practice devel-
oped by the Court was in line with the new provision of the Rules 6.
Procedural Issues on Consolidation
Pursuant to Art. 10(3) of the Rules, when arbitrations are consoli-
dated, they shall be consolidated into the arbitration that commenced
first, unless otherwise agreed by all parties. Consequently, the consol-
idated case will bear the case number of the arbitration that com-
menced first, while mentioning the numbers of the case that were con-
solidated 7.
Following consolidation, the Secretariat informs the parties of the
new case caption, and sets a short time limit for the parties to submit
their objections, if any.
Potential Problems of Enforcement
It should be emphasized that enforcement issues may arise in the
presence of consolidation of arbitrations. Under the New York
172 NEWSLETTER 2014
6 Simon Greenberg, A Closer Look at Consent: Consolidation, Multi-Contract, Joinder, Cross-
Claim, and Applicable Rules Versions, ICC Dispute Resolution Services. Source:
tion-servicesa-closer-look-at-consentconsolidation-multi-contract-joinde.pdf.
7 Secretariat’s Guide, p. 113. The example given in the Secretariat’s Guide is as follows: If cases
12345/XY and 12356/XY were to be consolidated, the consolidated case would be referenced
as 12345/XY(c 12356/XY).