The United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules, considered the most widely used set of ad hoc rules in international arbitration, do not contain any provisions on consolidating parallel proceedings. Considering the complex, multiparty, and multiple-contract nature of renewable energy investment and development, the UNCITRAL Arbitration Rules should implement consolidation provisions that explicitly address consolidation for related arbitration proceedings and—in some circumstances—enforce consolidation regardless of whether all parties consent. Part II of this article provides an overview of transactions related to the investment, development, and operation of renewable energy projects. Part III identifies the risks of parallel proceedings and challenges to consolidation, while Part IV suggests a consolidation procedure framework for the UNCITRAL Arbitration Rules. Part V concludes by discussing the benefits of consolidating parallel arbitral proceedings for renewable energy disputes.
Managing Multiplicity: Consolidating Parallel Arbitration Proceedings for Renewal Energy Disputes,
23 Pepp. Disp. Resol. L.J.
Available at: https://digitalcommons.pepperdine.edu/drlj/vol23/iss2/4