§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]
Case Notes
Circuit court did not err in declining to order consolidated arbitration where there were no separate pending arbitration proceedings to consolidate. 124 H. 372 (App.), 244 P.3d 609 (2010).
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
658A-4 Effect of agreement to arbitrate; nonwaivable provisions
658A-5 Application for judicial relief
658A-6 Validity of agreement to arbitrate
658A-7 Motion to compel or stay arbitration
658A-9 Initiation of arbitration
658A-10 Consolidation of separate arbitration proceedings
658A-11 Appointment of arbitrator; service as a neutral arbitrator
658A-12 Disclosure by arbitrator
658A-14 Immunity of arbitrator; competency to testify; attorney's fees and costs
658A-16 Representation by lawyer
658A-17 Witnesses; subpoenas; depositions; discovery
658A-18 Judicial enforcement of pre-award ruling by arbitrator
658A-20 Change of award by arbitrator
658A-21 Remedies; fees and expenses of arbitration proceeding
658A-24 Modification or correction of award
658A-25 Judgment on award; attorney's fees and litigation expenses
658A-29 Relationship to Electronic Signatures in Global and National Commerce Act