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Overcoming Obstacles To Consolidation Of International Arbitrations

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Chapter Summary

The desirability of consolidating two or more arbitrations, involving common issues of law or fact, first emerged in international trade arbitrations. Consolidation can be authorized by agreement of the parties. But, most often, consolidation of trade arbitrations occurs over the objection of one of the parties. A party desiring consolidation of arbitration needs to choose its arbitrator very carefully in order to try to put together a panel likely to follow the Nereus default rule. Although the arbitrators in Animalfeeds were all lawyers, it may well be more prudent to select a nonlawyer as a party-appointed arbitrator, on the ground that he or she would be less likely than an attorney to see issues of grammar, privacy, and evidence as insurmountable obstacles to the more practical and just result offered by consolidation to resolve a multiparty dispute within his or her own industry.

Keywords: Animalfeeds; international arbitrations; Nereus



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