Michigan Laws 691.1690 – Consolidation of separate arbitration proceedings
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Terms Used In Michigan Laws 691.1690
- Court: means the circuit court. See Michigan Laws 691.1681
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. See Michigan Laws 691.1681
(1) Except as otherwise provided in subsection (3), on 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 all of the following apply:
(a) There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or 1 of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person.
(b) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions.
(c) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings.
(d) 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.
(2) The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.
(3) The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.