12-3010

12-3010. Consolidation of separate arbitration
proceedings

(Eff. 1/1/11)

A. Except as otherwise provided in subsection C, on motion of a party to an
agreement to arbitrate or to an arbitration proceeding, the court may order consolidation
of separate arbitration proceedings as to all or some of the claims if all of the
following apply:

1. There are separate agreements to arbitrate or separate arbitration proceedings
between the same persons or one of them is a party to a separate agreement to arbitrate
or a separate arbitration proceeding with a third person.

2. The claims subject to the agreements to arbitrate arise in substantial part from
the same transaction or series of related transactions.

3. The existence of a common issue of law or fact creates the possibility of
conflicting decisions in the separate arbitration proceedings.

4. Prejudice resulting from a failure to consolidate is not outweighed by the risk
of undue delay or prejudice to the rights of or hardship to parties opposing
consolidation.

B. The court may order consolidation of separate arbitration proceedings as to some
claims and allow other claims to be resolved in separate arbitration proceedings.

C. The court may not order consolidation of the claims of a party to an agreement
to arbitrate if the agreement prohibits consolidation.