(1) Except as otherwise provided in subsection (3), 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:
(a) 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;
(b) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;
(c) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and
(d) 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.
(2) The court may order consolidation of separate arbitration proceedings as to some claims 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 to arbitrate if the agreement prohibits consolidation. Nothing in this section is intended or shall be construed to affect commencing, maintaining, or certifying a claim or defense on behalf of a class or as a class action.
History.—s. 11, ch. 2013-232.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 682 - Arbitration Code
682.013 - Applicability of Revised Code.
682.014 - Effect of Agreement to Arbitrate; Nonwaivable Provisions.
682.015 - Petition for Judicial Relief.
682.02 - Arbitration Agreements Made Valid, Irrevocable, and Enforceable; Scope.
682.03 - Proceedings to Compel and to Stay Arbitration.
682.031 - Provisional Remedies.
682.032 - Initiation of Arbitration.
682.033 - Consolidation of Separate Arbitration Proceedings.
682.04 - Appointment of Arbitrators by Court.
682.041 - Disclosure by Arbitrator.
682.05 - Majority Action by Arbitrators.
682.051 - Immunity of Arbitrator; Competency to Testify; Attorney Fees and Costs.
682.07 - Representation by Attorney.
682.08 - Witnesses, Subpoenas, Depositions.
682.081 - Judicial Enforcement of Preaward Ruling by Arbitrator.
682.10 - Change of Award by Arbitrators.
682.11 - Remedies; Fees and Expenses of Arbitration Proceeding.
682.12 - Confirmation of an Award.
682.14 - Modification or Correction of Award.
682.15 - Judgment or Decree on Award.
682.23 - Relationship to Electronic Signatures in Global and National Commerce Act.