§1‑567.57. Court assistance in obtaining discovery and taking evidence.
(a) The arbitraltribunal or a party with the approval of the arbitral tribunal may request fromthe superior court assistance in obtaining discovery and taking evidence. Thecourt may execute the request within its competence and according to its ruleson discovery and taking evidence, and may impose sanctions for failure tocomply with its orders. A subpoena may be issued as provided by G.S. 8‑59,in which case the witness compensation provisions of G.S. 6‑51, 6‑53,and 7A‑314 shall apply.
(b) If the parties totwo or more arbitration agreements agree, in their respective arbitrationagreements or otherwise, to consolidate the arbitrations arising out of thoseagreements, the superior court, upon application by a party, may do any of thefollowing:
(1) Order thearbitrations to be consolidated on terms the court considers just andnecessary;
(2) If all the partiescannot agree on an arbitral tribunal for the consolidated arbitration, appointan arbitral tribunal as provided by G.S. 1‑567.41; and
(3) If all the partiescannot agree on any other matter necessary to conduct the consolidatedarbitration, make any other order it considers necessary. (1991,c. 292, s. 1; 1999‑185, s. 2.)
§1‑567.57. Court assistance in obtaining discovery and taking evidence.
(a) The arbitraltribunal or a party with the approval of the arbitral tribunal may request fromthe superior court assistance in obtaining discovery and taking evidence. Thecourt may execute the request within its competence and according to its ruleson discovery and taking evidence, and may impose sanctions for failure tocomply with its orders. A subpoena may be issued as provided by G.S. 8‑59,in which case the witness compensation provisions of G.S. 6‑51, 6‑53,and 7A‑314 shall apply.
(b) If the parties totwo or more arbitration agreements agree, in their respective arbitrationagreements or otherwise, to consolidate the arbitrations arising out of thoseagreements, the superior court, upon application by a party, may do any of thefollowing:
(1) Order thearbitrations to be consolidated on terms the court considers just andnecessary;
(2) If all the partiescannot agree on an arbitral tribunal for the consolidated arbitration, appointan arbitral tribunal as provided by G.S. 1‑567.41; and
(3) If all the partiescannot agree on any other matter necessary to conduct the consolidatedarbitration, make any other order it considers necessary. (1991,c. 292, s. 1; 1999‑185, s. 2.)
§1‑567.57. Court assistance in obtaining discovery and taking evidence.
(a) The arbitraltribunal or a party with the approval of the arbitral tribunal may request fromthe superior court assistance in obtaining discovery and taking evidence. Thecourt may execute the request within its competence and according to its ruleson discovery and taking evidence, and may impose sanctions for failure tocomply with its orders. A subpoena may be issued as provided by G.S. 8‑59,in which case the witness compensation provisions of G.S. 6‑51, 6‑53,and 7A‑314 shall apply.
(b) If the parties totwo or more arbitration agreements agree, in their respective arbitrationagreements or otherwise, to consolidate the arbitrations arising out of thoseagreements, the superior court, upon application by a party, may do any of thefollowing:
(1) Order thearbitrations to be consolidated on terms the court considers just andnecessary;
(2) If all the partiescannot agree on an arbitral tribunal for the consolidated arbitration, appointan arbitral tribunal as provided by G.S. 1‑567.41; and
(3) If all the partiescannot agree on any other matter necessary to conduct the consolidatedarbitration, make any other order it considers necessary. (1991,c. 292, s. 1; 1999‑185, s. 2.)
