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ARTICLES

LEGAL RESOURSES

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    • Article 1126: Consolidation

    1. 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.

    2. Where a Tribunal established under this Article is satisfied that claims have been submitted to arbitration under Article 1120 (TLCAN: Art. 1120) 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:

  • Assume jurisdiction over, and hear and determine together, all or part of the claims; or

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  • 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.

    • 3. 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:

  • The name of the disputing Party or disputing investors against which the order is sought;

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  • The nature of the order sought; and

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  • The grounds on which the order is sought.

    • 4. The disputing party shall deliver to the disputing Party or disputing investors against which the order is sought a copy of the request.

    5. Within 60 days of receipt of the request, the Secretary-General shall establish a Tribunal comprising three arbitrators. The Secretary-General shall appoint the presiding arbitrator from the roster referred to in Article 1124(4) (TLCAN: Art. 1124). In the event that no such presiding arbitrator is available to serve, the Secretary-General shall appoint, from the ICSID Panel of Arbitrators, a presiding arbitrator who is not a national of any of the Parties. The Secretary-General shall appoint the two other members from the roster referred to in Article 1124(4) (TLCAN: Art. 1124), and to the extent not available from that roster, from the ICSID Panel of Arbitrators, and to the extent not available from that Panel, in the discretion of the Secretary-General. One member shall be a national of the disputing Party and one member shall be a national of a Party of the disputing investors.

    6. Where a Tribunal has been established under this Article, a disputing investor that has submitted a claim to arbitration under Article 1116 (TLCAN: Art. 1116) or 1117 (TLCAN: Art. 1117) and that has not been named in a request made under paragraph 3 may make a written request to the Tribunal that it be included in an order made under paragraph 2, and shall specify in the request:

  • the name and address of the disputing investor;

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  • the nature of the order sought; and

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  • the grounds on which the order is sought.

    • 7. A disputing investor referred to in paragraph 6 shall deliver a copy of its request to the disputing parties named in a request made under paragraph 3.

    8. A Tribunal established under Article 1120 (TLCAN: Art. 1120) shall not have jurisdiction to decide a claim, or a part of a claim, over which a Tribunal established under this Article has assumed jurisdiction.

    9. On application of a disputing party, a Tribunal established under this Article, pending its decision under paragraph 2, may order that the proceedings of a Tribunal established under Article 1120 (TLCAN: Art. 1120) be stayed, unless the latter Tribunal has already adjourned its proceedings.

    10. A disputing Party shall deliver to the Secretariat, within 15 days of receipt by the disputing Party, a copy of:

  • a request for arbitration made under paragraph (1) of Article 36 of the ICSID Convention;

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  • a notice of arbitration made under Article 2 of Schedule C of the ICSID Additional Facility Rules; or

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  • a notice of arbitration given under the UNCITRAL Arbitration Rules.

    • 11. A disputing Party shall deliver to the Secretariat a copy of a request made under paragraph 3:

  • Within 15 days of receipt of the request, in the case of a request made by a disputing investor;

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  • Within 15 days of making the request, in the case of a request made by the disputing Party.

    • 12. A disputing Party shall deliver to the Secretariat a copy of a request made under paragraph 6 within 15 days of receipt of the request.

    13. The Secretariat shall maintain a public register of the documents referred to in paragraphs 10, 11 and 12.