At its session of 30 November 2017, the International Court of Arbitration of the International Chamber of Commerce ("Court") decided not to consolidate cases 22967/JPA and/or 22466/ASM/JPA into Case 20910/ASM/JPA (C-20911/ASM) (Article 10).
As per the parties' agreement, the Court has accepted to communicate the reasons for its decision pursuant to Article 10 of the Rules.
Accordingly, we inform you as follows:
"all of the claims in the arbitrations are made under the same arbitration agreement" (emphasis added).
"The Court may, at the request of a party, consolidate two or more arbitrations pending under the Rules into a single arbitration, where.. the claims in the arbitrations are made under more than one arbitration agreement, the arbitrations are between the same parties, the disputes in the arbitrations arise in connection with the same legal relationship, and the Courts finds the arbitration agreements to be compatible".
"In deciding whether to consolidate, the Court may take into account any circumstances it considers to be relevant, including whether one or more arbitrators have been confirmed or appointed in more than one of the arbitrations and, if so, whether the same or different persons have been confirmed or appointed".
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