5-432. 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.
History: L. 2018, ch. 90, ยง 10; July 1.
Structure Kansas Statutes
Chapter 5 - Arbitration And Award
Article 4 - Uniform Arbitration Act
5-426 Effect of agreement to arbitrate; nonwaivable provisions.
5-427 Application for judicial relief.
5-428 Validity of agreement to arbitrate.
5-429 Motion to compel or stay arbitration.
5-431 Initiation of arbitration.
5-432 Consolidation of separate arbitration proceedings.
5-433 Appointment of arbitrator; service as a neutral arbitrator.
5-434 Disclosure by arbitrator.
5-436 Arbitrator immunity; competency to testify; attorney fees and costs.
5-438 Representation by lawyer.
5-439 Witnesses; subpoenas; depositions; discovery.
5-440 Judicial enforcement of pre-award ruling by arbitrator.
5-442 Change of award by arbitrator.
5-443 Remedies; fees and expenses of arbitration proceeding.
5-446 Modification or correction of award.
5-447 Judgment on award; attorney fees and litigation expenses.
5-451 Uniformity of application and construction.
5-452 Relationship to electronic signatures in global and national commerce act.