High Speed Rail (London - West Midlands) Act 2017

Directions as to consolidation and grouping of proceedings

2 (1) The Secretary of State may, on request or otherwise, direct—

(a) that a group of proceedings is to be consolidated, or

(b) that concurrent hearings are to be held in a group of proceedings.

(2) In sub-paragraph (1) “group of proceedings” means a group consisting of—

(a) section 43(3) proceedings, and

(b) any one or more of the following—

(i) other section 43(3) proceedings,

(ii) arbitral proceedings related to the proceedings mentioned in paragraph (a), and

(iii) arbitral proceedings related to section 43(3) proceedings that are to be consolidated with the proceedings mentioned in paragraph (a).

(3) A request for a direction under this paragraph may be made by the arbitrator or any of the arbitrators (as well as by a party).

(4) A direction under this paragraph must specify the terms on which the proceedings are to be consolidated or on which concurrent hearings are to be held.

(5) Where a direction under this paragraph provides for the consolidation of proceedings that do not all have the same arbitrator, the terms that may be specified in the direction include (in particular)—

(a) terms specifying the person who is to be the arbitrator in the consolidated proceedings;

(b) terms under which that person is to be determined.

(6) For the purposes of this section—

(a) “section 43(3) proceedings” means proceedings on arbitration of a difference referred under section 43(3), and

(b) arbitral proceedings are “related” to section 43(3) proceedings if—

(i) the arbitral proceedings are not section 43(3) proceedings,

(ii) at least one of the parties to the arbitral proceedings is also a party to the section 43(3) proceedings, and

(iii) the Secretary of State considers that the subject-matter of the arbitral proceedings is connected with the subject-matter of the section 43(3) proceedings.