Circuit court assistance in taking evidence
- • circuit court authorized to enter certain orders upon application
(1) The arbitral tribunal, or a party with the approval of the arbitral tribunal, may request from the circuit court assistance in taking evidence and the court may execute the request within its competence and according to its rules on taking evidence. In addition, a subpoena may be issued as provided in ORCP 55, in which case the witness compensation provisions of ORS chapter 44 shall apply.
(2) When the parties to two or more arbitration agreements have agreed in their respective arbitration agreements or otherwise, the circuit court may, on application by one party with the consent of all other parties to those arbitration agreements, do one or more of the following:
(a) Order the arbitration proceedings arising out of those arbitration agreements to be consolidated on terms the court considers just and necessary.
(b) Where all the parties cannot agree on an arbitral tribunal for the consolidated arbitration, appoint an arbitral tribunal in accordance with ORS 36.474 (Procedure for appointment of arbitrators) (6).
(c) Where the parties cannot agree on any other matter necessary to conduct the consolidated arbitration, make any other order it considers necessary.
(d) Order the arbitration proceedings arising out of those arbitration agreements to be held at the same time or one immediately after another.
(e) Order any of the arbitration proceedings arising out of those arbitration agreements to be stayed until the determination of any other of them.
(3) Nothing in this section shall be construed to prevent the parties to two or more arbitrations from agreeing to consolidate those arbitrations and taking any steps that are necessary to effect that consolidation. [1991 c.405 §30; 1993 c.244 §8]
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