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Marisa Marinelli, a partner at Holland & Knight, and Robert Burns, an associate at the firm, write that until recently, consolidation of multiple FAA arbitrations was a question for the court, and the answer to that question was nearly always in the negative, absent express provisions authorizing consolidation. However, since the Supreme Court decisions in Howsam and Bazzle , the question of consolidation is now solely for arbitrators, and there is wide variation among the rules of arbitral organizations on this issue.
April 13, 2009 at 12:00 AM
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