WVC 55 - 10 - 12
§55-10-12. Consolidation of separate arbitration proceedings.
(a) Except as otherwise provided in subsection (c) of this
section, 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
(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
(3) The existence of a common issue of law or fact creates the
possibility of conflicting decisions in the separate arbitration
(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
Note: WV Code updated with legislation passed through the 2015 Regular Session
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