Part I Commentary on the ICDR International Rules, 8 Article 8—Consolidation
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
This chapter examines Article 8 of the 2014 ICDR Rules. Article 8 provides for consolidation of two or more proceedings upon party request with the decision on whether and how to permit consolidation to be made by a consolidation arbitrator. The ICDR ‘may appoint a consolidation arbitrator, who will have the power to consolidate two or more arbitrations pending under these Rules’, or any other set of rules administered by the AAA or ICDR, into a single arbitration. This means that, at least in theory, provided that the other requirements of Article 8 are satisfied, the consolidation arbitrator could consolidate an arbitration that is pending under two different, albeit related, sets of rules. The objective of this provision is to achieve a more time and cost-efficient resolution of the entire dispute and to avoid inconsistent decisions.