Section 7321.11 - Consolidation of separate arbitration proceedings

42 PA Cons Stat § 7321.11 (2019) (N/A)

Copy with citation

Copy as parenthetical citation

(a) Conditions.--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) Partial consolidation.--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) Agreement governs.--The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.

Previous Section

Section 7321.10 - Initiation of arbitration

Next Section

Section 7321.12 - Appointment of arbitrator; service as a neutral arbitrator