Tennessee Code Annotated
Tenn. Code Ann. § 29-5-311 (2026)
Consolidation of separate arbitration proceedings
✓ current as of May 2026
- (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.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 2000–2021 · leading case: Lasco Inc. v. Inman Constr. Corp., 467 S.W.3d 467 (Tenn. Ct. App. 2015).
Lasco Inc. v. Inman Constr. Corp., 467 S.W.3d 467 (Tenn. Ct. App. 2015). “Specifically, Lasco points to Tennessee Code Annotated Section 29-5-311, which provides that: “Unless otherwise provided in the agreement to arbitrate, the arbitrators’ expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the…”
D & E Constr. Co. v. Robert J. Denley Co., 38 S.W.3d 513 (Tenn. 2001). “In that respect, Tennessee Code Annotated section 29-5-311 states clearly and unambiguously that attorney’s fees are not to be awarded for work performed in arbitration proceedings absent the parties’ understanding to the contrary: “Unless otherwise provided in the agreement to…”
Sevier Cnty. Schs. Fed. Credit Union v. Branch Banking & Trust Co., 990 F.3d 470 (6th Cir. 2021). “Tenn. Code Ann. § 29-5-311 . Moreover, the arbitrator is not compelled to award costs and fees at all, as shown by the agreement’s use of the permissive “may.”
Rose Constr. v. Raintree Dev. (Tenn. Ct. App. 2001). “” Tenn. Code Ann. § 29-5-311 . In D & E Construction, the Tennessee Supreme Court interpreted this statute as meaning “clearly and unambiguously that attorney’s fees are not to be awarded for work performed in arbitration proceedings absent the parties’ understanding to the…”
In Re Gunther, 431 B.R. 307 (6th Cir. BAP 2009). “" Tenn. Code Ann. § 29-5-311 . In addition, arbitration awards can be modified only for the reasons set forth in Tenn.”
D&E Constr. Co. v. Robert J. Denley Co. (Tenn. 2000). “In that respect, Tennessee Code Annotated section 29-5-311 states clearly and unambiguously that attorney’s fees are not to be awarded for work performed in arbitration proceedings absent the parties’ understanding to the contrary: “Unless otherwise provided in the agreement to…”
In re: William Gunther, Jr. v. (6th Cir. BAP 2009). “” Tenn. Code Ann. § 29-5-311 . In addition, arbitration awards can be modified only for the reasons set forth in Tenn.”
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