It is pretty well settled under modern arbitration law,
including reinsurance arbitrations, that procedural issues like
consolidation are questions for the arbitrators and not the courts.
But what happens if there are multiple arbitration panels? Which
panel decides the consolidation application? And what if one
arbitration has been completed and a motion to consolidate is made
to join the second arbitration to the first one? Which panel
decides the consolidation question? The Third Circuit took a crack
at this issue in a recent not precedential decision.
In Pennsylvania National Mutual
Casualty Insurance Co. v. New England Reinsurance Corp.,
No. 19-1805, 2019 U.S. App. LEXIS 36388 (3rd Cir. Dec. 6, 2019)
(Not Precedential), cross-petitions to compel arbitration were
made. The cedent wanted the consolidation issue heard by a new
panel of arbitrators and the reinsurer wanted a previous
arbitration panel that heard a previous dispute between the cedent
and two other
