Bienenstock & Associates, Inc v. Lowry

In this action for declaratory and injunc-tive relief, plaintiffs Lauren Bienenstock & Associates, Inc. (LBA), Lauren Bienenstock, and Samuel Bienen-stock appeal as of right the order of the Oakland Circuit Court granting in part and denying in part their motion for summary disposition. The question presented is whether a trial court or an arbitrator has the authority under the Federal Arbitration Act (FAA), 9 USC § 1 et seq., to determine whether multiple arbitration cases may be consolidated when the arbitration agreement is silent on that issue. We hold that the arbitrator is the one to…