78B-11-111 - Consolidation of separate arbitration proceedings. - Utah Statutes

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78B-11-111. Consolidation of separate arbitration proceedings.
(1) Except as otherwise provided in Subsection (3), upon motion of a party to anagreement to arbitrate or to an arbitration proceeding, the court may order consolidation ofseparate arbitration proceedings as to all or some of the claims if:
(a) there are separate agreements to arbitrate or separate arbitration proceedings betweenthe same persons or one of them is a party to a separate agreement to arbitrate or a separatearbitration proceeding with a third person;
(b) the claims subject to the agreements to arbitrate arise in substantial part from thesame transaction or series of related transactions;
(c) the existence of a common issue of law or fact creates the possibility of conflictingdecisions in the separate arbitration proceedings; and
(d) prejudice resulting from a failure to consolidate is not outweighed by the risk ofundue delay or prejudice to the rights of or hardship to parties opposing consolidation.
(2) The court may order consolidation of separate arbitration proceedings as to someclaims and allow other claims to be resolved in separate arbitration proceedings.
(3) The court may not order consolidation of the claims of a party to an agreement toarbitrate if the agreement prohibits consolidation.

Renumbered and Amended by Chapter 3, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-11 > 78b-11-111

78B-11-111. Consolidation of separate arbitration proceedings.
(1) Except as otherwise provided in Subsection (3), upon motion of a party to anagreement to arbitrate or to an arbitration proceeding, the court may order consolidation ofseparate arbitration proceedings as to all or some of the claims if:
(a) there are separate agreements to arbitrate or separate arbitration proceedings betweenthe same persons or one of them is a party to a separate agreement to arbitrate or a separatearbitration proceeding with a third person;
(b) the claims subject to the agreements to arbitrate arise in substantial part from thesame transaction or series of related transactions;
(c) the existence of a common issue of law or fact creates the possibility of conflictingdecisions in the separate arbitration proceedings; and
(d) prejudice resulting from a failure to consolidate is not outweighed by the risk ofundue delay or prejudice to the rights of or hardship to parties opposing consolidation.
(2) The court may order consolidation of separate arbitration proceedings as to someclaims and allow other claims to be resolved in separate arbitration proceedings.
(3) The court may not order consolidation of the claims of a party to an agreement toarbitrate if the agreement prohibits consolidation.

Renumbered and Amended by Chapter 3, 2008 General Session

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State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-11 > 78b-11-111

78B-11-111. Consolidation of separate arbitration proceedings.
(1) Except as otherwise provided in Subsection (3), upon motion of a party to anagreement to arbitrate or to an arbitration proceeding, the court may order consolidation ofseparate arbitration proceedings as to all or some of the claims if:
(a) there are separate agreements to arbitrate or separate arbitration proceedings betweenthe same persons or one of them is a party to a separate agreement to arbitrate or a separatearbitration proceeding with a third person;
(b) the claims subject to the agreements to arbitrate arise in substantial part from thesame transaction or series of related transactions;
(c) the existence of a common issue of law or fact creates the possibility of conflictingdecisions in the separate arbitration proceedings; and
(d) prejudice resulting from a failure to consolidate is not outweighed by the risk ofundue delay or prejudice to the rights of or hardship to parties opposing consolidation.
(2) The court may order consolidation of separate arbitration proceedings as to someclaims and allow other claims to be resolved in separate arbitration proceedings.
(3) The court may not order consolidation of the claims of a party to an agreement toarbitrate if the agreement prohibits consolidation.

Renumbered and Amended by Chapter 3, 2008 General Session