1-567.50A. Consolidation.
(a) Except as otherwise provided in subsection (c) of this section, upon motion of a party to an arbitration agreement or to an arbitral proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if all of the following are true:
(1) There are separate arbitration agreements or separate arbitral proceedings between the same parties or one of the parties is a party to a separate agreement to arbitrate or a separate arbitration with a third person.
(2) The claims subject to the arbitration agreements 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 arbitral proceedings.
(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 arbitral proceedings as to some claims and allow other claims to be resolved in separate arbitral proceedings.
(c) The court shall not order consolidation of the claims of a party to an arbitration agreement if the agreement prohibits consolidation. (2017-171, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 45B - International Commercial Arbitration and Conciliation.
§ 1-567.30 - Preamble and short title.
§ 1-567.31 - Scope of application.
§ 1-567.32 - Definitions and rules of interpretation.
§ 1-567.33 - Receipt of written communications or submissions.
§ 1-567.34 - Waiver of right to object.
§ 1-567.35 - Extent of court intervention.
§ 1-567.36 - Venue and jurisdiction of courts.
§ 1-567.37 - Definition and form of arbitration agreement.
§ 1-567.38 - Arbitration agreement and substantive claim before court.
§ 1-567.39 - Interim relief and the enforcement of interim measures.
§ 1-567.40 - Number of arbitrators.
§ 1-567.41 - Appointment of arbitrators.
§ 1-567.43A - Disclosure by arbitrator.
§ 1-567.44 - Failure or impossibility to act.
§ 1-567.45 - Appointment of substitute arbitrator.
§ 1-567.46 - Competence of arbitral tribunal to rule on its jurisdiction.
§ 1-567.47 - Power of arbitral tribunal to order interim measures.
§ 1-567.48 - Equal treatment of parties; representation by attorney.
§ 1-567.49 - Determination of rules of procedure.
§ 1-567.50 - Place of arbitration.
§ 1-567.51 - Commencement of arbitral proceedings.
§ 1-567.53 - Statements of claim and defense.
§ 1-567.54 - Hearings and written proceedings.
§ 1-567.55 - Default of a party.
§ 1-567.56 - Expert appointed by arbitral tribunal.
§ 1-567.57 - Court assistance in obtaining discovery and taking evidence.
§ 1-567.58 - Rules applicable to substance of dispute.
§ 1-567.59 - Decision making by panel of arbitrators.
§ 1-567.61 - Form and contents of award.
§ 1-567.62 - Termination of proceedings.
§ 1-567.63 - Correction and interpretation of awards; additional awards.
§ 1-567.64 - Modifying or vacating of awards.
§ 1-567.65 - Confirmation and enforcement of awards.
§ 1-567.66 - Applications to court.
§ 1-567.68 - Recodified as § 1-567.33A by Session Laws 1997-368, s3.
§ 1-567.78 - Appointment of conciliators.
§ 1-567.80 - Report of conciliators.
§ 1-567.82 - Stay of arbitration; resort to other proceedings.
§ 1-567.83 - Termination of conciliation.
§ 1-567.84 - Enforceability of decree.
§ 1-567.86 - Effect on jurisdiction.
§ 1-567.87 - Immunity of conciliators and parties.
§ 1-567.88 - Uniformity of application and construction.
§ 1-567.89 - Relationship to federal Electronic Signatures in Global and National Commerce Act.