When multiple disputes are at issue and all are subject to arbitration, the question of whether they should be consolidated into one arbitration or handled separately is an issue to be decided by the arbitrator and not the courts, the 3rd U.S. Circuit Court of Appeals has ruled.
In Certain Underwriters at Lloyd’s London v. Westchester Fire Insurance Co., a unanimous three-judge panel found that two recent decisions from the U.S. Supreme Court have “provided guidance on the sometimes vexing issue of the respective roles of the court and the arbitrators.”
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