Michael Bandler and Michael Bandler and Company, Inc. n/k/a MB & CO., Ltd. v. Charter One Bank n/k/a Citizens Bank

¶ 1. This case presents the question of whether the superior court has authority to review questions regarding arbitrability in the midst of an arbitration, and outside of the specific review provisions in the Vermont Arbitration Act (VAA). We conclude that it does not, and reverse the superior court’s ruling concerning the arbitrability of class claims in this case.

¶ 2. In July 2003, Michael Bandler and Michael Bandler & Company, Inc., (collectively “Bandler”) sued Charter One in Rutland Superior Court for various claims based primarily on Charter One’s alleged failure to honor advertising…