2005 North Carolina Code - General Statutes § 1-567.57. Court assistance in obtaining discovery and taking evidence.

§ 1‑567.57.  Court assistance in obtaining discovery and taking evidence.

(a)       The arbitral tribunal or a party with the approval of the arbitral tribunal may request from the superior court assistance in obtaining discovery and taking evidence. The court may execute the request within its competence and according to its rules on discovery and taking evidence, and may impose sanctions for failure to comply with its orders. A subpoena may be issued as provided by G.S. 8‑59, in which case the witness compensation provisions of G.S. 6‑51, 6‑53, and 7A‑314 shall apply.

(b)       If the parties to two or more arbitration agreements agree, in their respective arbitration agreements or otherwise, to consolidate the arbitrations arising out of those agreements, the superior court, upon application by a party, may do any of the following:

(1)       Order the arbitrations to be consolidated on terms the court considers just and necessary;

(2)       If all the parties cannot agree on an arbitral tribunal for the consolidated arbitration, appoint an arbitral tribunal as provided by G.S. 1‑567.41; and

(3)       If all the parties cannot agree on any other matter necessary to conduct the consolidated arbitration, make any other order it considers necessary. (1991, c. 292, s. 1; 1999‑185, s. 2.)

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