§ 50-50.1 — Consolidation

North Carolina § 50-50.1

• Jurisdiction: North Carolina
• Ch. 50: Divorce and Alimony
• Art. 3: Family Law Arbitration Act

Text

(a) Except as otherwise provided in subsection (c) of this section, upon motion of a party to an agreement or arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if all of the following apply:
(1) There are separate agreements to arbitrate or separate arbitration proceedings between the same parties or one of them is a party to a separate agreement to arbitrate or a separate arbitration with a third party.
(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.
(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 shall not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation. (2005-187, s. 9.)