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Resolving A Split: May Courts Order Consolidation Of Arbitration Proceedings Absent Express Agreement By The Parties, Jonathan R. Waldron
Resolving A Split: May Courts Order Consolidation Of Arbitration Proceedings Absent Express Agreement By The Parties, Jonathan R. Waldron
Journal of Dispute Resolution
In Illinois Farmers Insurance Co. v. Glass Service Co., 8 the Minnesota Supreme Court had the opportunity to revisit its 1973 decision in Grover-Dimond Associates v. American Arbitration Ass'n 9 in light of conflicting case law developed since that time.' 0 This Note will address the current split in state and federal courts, and suggest that the best way to resolve this issue is through state adoption of the RUAA.
Consolidation Of Separate Arbitration Proceedings: Liberal Construction Versus Contractarian Approaches - United Kingdom Of Great Britain V. Boeing Co., Michael L. Decamp
Consolidation Of Separate Arbitration Proceedings: Liberal Construction Versus Contractarian Approaches - United Kingdom Of Great Britain V. Boeing Co., Michael L. Decamp
Journal of Dispute Resolution
The Federal Arbitration Act (F.A.A.) provides arbitration agreements with the validity and enforceability afforded other contracts under the law. The F.A.A. does this by vesting the United States district courts with the authority to compel parties to arbitrate according to their agreements. However, when a court must decide whether to consolidate separate arbitration proceedings because they involve common questions of fact and law and common parties, the F.A.A. is silent as to the court's authority. This silence has resulted in courts either allowing consolidation under a liberal interpretation of the act ("liberal construction" approach), or refraining from granting consolidation under …
Struggle Over Consolidation Of Arbitration Proceedings Continues: The Eighth Circuit Chooses Sides, The, Scott E. Blair
Struggle Over Consolidation Of Arbitration Proceedings Continues: The Eighth Circuit Chooses Sides, The, Scott E. Blair
Journal of Dispute Resolution
In response to rising litigation costs and overburdened court dockets, parties are realizing the opportunity to resolve disputes more efficiently through the use of arbitration. 2 To ensure access to arbitration, parties are including provisions in contracts requiring arbitration of future disputes.3 Courts enforce these agreements pursuant to the Federal Arbitration Act (FAA), 4 originally adopted by Congress in 1925, which officially acknowledged the validity of private agreements to arbitrate.5 As a result, courts are faced with procedural issues, such as consolidation of separate arbitration proceedings, in their attempt to enforce the contracts in accordance with the parties' agreement. 6 …