SCHEDULES
SCHEDULE 29Arbitration between railway operators
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 38(3) proceedings, and
b
any one or more of the following—
i
other section 38(3) proceedings,
ii
arbitral proceedings related to the proceedings mentioned in paragraph (a), and
iii
arbitral proceedings related to section 38(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 paragraph—
a
“section 38(3) proceedings” means proceedings on arbitration of a difference referred under section 38(3), and
b
arbitral proceedings are “related” to section 38(3) proceedings if—
i
the arbitral proceedings are not section 38(3) proceedings,
ii
at least one of the parties to the arbitral proceedings is also a party to the section 38(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 38(3) proceedings.