State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-569_10

§ 1‑569.10. Consolidation of separate arbitration proceedings.

(a)        Except as otherwiseprovided in subsection (c) of this section, upon motion of a party to anagreement to arbitrate or to an arbitration proceeding, the court may orderconsolidation of separate arbitration proceedings as to all or some of theclaims if:

(1)        There are separateagreements to arbitrate or separate arbitration proceedings between the samepersons or one of them is a party to a separate agreement to arbitrate or aseparate arbitration with a third person;

(2)        The claims subjectto the agreements to arbitrate arise in substantial part from the sametransaction or series of related transactions;

(3)        The existence of acommon issue of law or fact creates the possibility of conflicting decisions inthe separate arbitration proceedings; and

(4)        Prejudice resultingfrom a failure to consolidate is not outweighed by the risk of undue delay orprejudice to the rights of or hardship to parties opposing consolidation.

(b)        The court may orderconsolidation of separate arbitration proceedings as to some claims and allowother claims to be resolved in separate arbitration proceedings.

(c)        The court shall notorder consolidation of the claims of a party to an agreement to arbitrate ifthe agreement prohibits consolidation. (2003‑345, s. 2.)