Comments on: Have the Feds Taken Over Arbitration? http://constructionlawva.com/have-feds-taken-over-arbitration/ Thoughts on the construction landscape from Christopher G. Hill, Virginia construction lawyer, LEED AP and member of the Virginia Legal Elite in Construction Law Mon, 06 Feb 2012 20:08:35 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Christopher G. Hill http://constructionlawva.com/have-feds-taken-over-arbitration/comment-page-1/#comment-844 Christopher G. Hill Mon, 21 Sep 2009 23:32:51 +0000 http://constructionmusings.solopracticeuniversity.com/2009/05/have-the-feds-taken-over-arbitration/#comment-844 Thanks Philip. I appreciate the heads up and I'm sure there are other lawyers that will appreciate it as well. Thanks Philip. I appreciate the heads up and I’m sure there are other lawyers that will appreciate it as well.

]]> By: Philip J. Loree Jr. http://constructionlawva.com/have-feds-taken-over-arbitration/comment-page-1/#comment-843 Philip J. Loree Jr. Mon, 21 Sep 2009 22:13:26 +0000 http://constructionmusings.solopracticeuniversity.com/2009/05/have-the-feds-taken-over-arbitration/#comment-843 Christopher, I'm a reinsurance lawyer who has done a lot of Federal Arbitration Act work, and who found your excellent article via Twitter. The Arthur Anderson case is certainly a significant one, and I imagine it has repercussions for the construction industry. Another development under the FAA that might be relevant to your industry is the Stolt-Nielsen, S.A. v. AnimalFeeds, Inc. case, which will be heard this coming term. The question before the Court is whether an arbitration panel or a court can impose class or consolidated arbitration on the parties when the parties' contracts are silent on that point. Since the Bazzle case in 2003, courts have been routinely referring this question to arbitrators. Depending on how the Supreme Court rules, it may be that class or consolidated arbitration will not be available unless the parties express an intent to authorize it. I suppose class arbitration is not that common in the construction field, but I'd hazard a guess that consolidated arbitration is sometimes sought. If that's the case, then you might want to keep your eye on the Stolt-Nielsen case. Phil Loree Christopher,

I’m a reinsurance lawyer who has done a lot of Federal Arbitration Act work, and who found your excellent article via Twitter. The Arthur Anderson case is certainly a significant one, and I imagine it has repercussions for the construction industry.

Another development under the FAA that might be relevant to your industry is the Stolt-Nielsen, S.A. v. AnimalFeeds, Inc. case, which will be heard this coming term. The question before the Court is whether an arbitration panel or a court can impose class or consolidated arbitration on the parties when the parties’ contracts are silent on that point. Since the Bazzle case in 2003, courts have been routinely referring this question to arbitrators. Depending on how the Supreme Court rules, it may be that class or consolidated arbitration will not be available unless the parties express an intent to authorize it.

I suppose class arbitration is not that common in the construction field, but I’d hazard a guess that consolidated arbitration is sometimes sought. If that’s the case, then you might want to keep your eye on the Stolt-Nielsen case.

Phil Loree

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