Originally from Dispute Resolution Journal

This article provides a review of court decisions, dating back to the 1960s and 1970s, analyzing how the judiciary has traditionally ruled on consolidating arbitration cases and whether a pattern has emerged in recent years. Factors pertaining to a case that may affect judicial rulings are discussed, as is the seeming inconsistency among the courts on this issue.

The cases reveal that courts will, in general, interpret the law so that consolidation will be granted, absent explicit agreement to the contrary. In addition, because federal law fails to provide guidance on the issue of consolidation, wide discretion will be granted to the lower courts in determining such cases.