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Tennessee Code Title 29. Remedies and Special Proceedings § 29-5-311

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) Class or collective arbitrations in any case governed by this chapter shall not be permitted, unless the agreements to arbitrate of all parties to be joined expressly permit the arbitrator or arbitrators to entertain such actions. In cases where class or collective arbitration is permitted, the arbitrator or arbitrators shall have the authority specified in this section. Nothing in this section prohibits the consolidation of proceedings in cases where all affected parties expressly agree to consolidation; provided, consolidation is not prohibited by the parties' agreement as provided in subsection (d).

(b) Except as otherwise provided in subsection (d), upon a 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 (1) 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.

(c) The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.

(d) The court shall not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.

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Cite this article: FindLaw.com - Tennessee Code Title 29. Remedies and Special Proceedings § 29-5-311 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-29-remedies-and-special-proceedings/tn-code-sect-29-5-311/

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