§658A-10 - Consolidation of separate arbitration proceedings.
[§658A-10] Consolidation of separate
arbitration proceedings. (a) Except as otherwise provided in subsection
(c), upon 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:
(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; and
(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. [L 2001, c 265, pt of §1]