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Consolidation, Joinder and Class Actions What Arbitrators and Courts May and May Not Do - Chapter 11 - AAA Handbook on Arbitration Practice

Author(s): 
Richard Jeydel
Page Count: 
12 pages
Media Description: 
PDF from "AAA Handbook on Arbitration Practice"
Published: 
August, 2010
Jurisdictions: 
United States
Practice Areas: 
Arbitral Process,
Agreement to Arbitrate,
Existence and Validity of Agreement to Arbitrate,
Enforceability of Arbitration Agreements,
Class Action,
AAA,
Third Parties in Arbitral Proceedings,
Consolidation of Proceedings
Author Detail: 

Richard Jeydel was a senior vice president, general counsel and corporate secretary at Kanematsu USA Inc. An arbitrator and mediator, he served on the Board of Directors of the American Arbitration Association and on the AAA Roster of Neutrals. He was also a member of the Court of Arbitration for Sport in Lausanne, Switzerland, and was one of the founders of the first Inn of Court devoted to ADR. 

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Description: 

Originally from: AAA Handbook on Arbitration Practice

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Advocates and arbitrators must all, from time to time, confront the old and as yet unresolved issues of consolidation of cases and joinder of parties. These related procedures, so well defined and regulated in state and federal courts, continue to cause confusion and delay in a forum otherwise designed for ease of use and expedition. The problem resides in the fundamentally contractual nature of arbitration. If the parties to a dispute are not all signatories to the same arbitration agreement, absent their collective consent, there is no universal rule of “arbitral economy” that permits arbitrators, arbitration providers, or courts to order consolidation or joinder in the arbitration context.