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 The Baesler decision represents the Eighth Circuit entrant into the collection of federal court decisions dealing specifically with the consolidation of separate arbitration proceedings.
Scott E. Blair,
Struggle over Consolidation of Arbitration Proceedings Continues: The Eighth Circuit Chooses Sides, The,
1991 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol1991/iss1/12