Stolt-Nielsen's Effect On Consolidation Of Arbitrations

Law360, New York (July 7, 2010, 1:07 PM EDT) -- Courts and commentators agree that consolidation of arbitrations is an issue for arbitrators, not courts, to decide. But is that about to change? The U.S. Supreme Court’s recent decision in Stolt-Nielsen SA v. Animalfeeds International Corp., 130 S. Ct. 1758 (2010), indicates that it might be.

Although the Supreme Court did not directly address the court versus arbitrator issue, the holding — that consent to class treatment of claims cannot be presumed by the parties’ agreement to arbitrate alone — and the reasoning behind it, suggest...
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