New England Energy Inc. v. Keystone Shipping Company, Keystone Shipping Company v. New England Energy Inc.

COFFIN, Circuit Judge.

This case requires us to decide whether federal courts have the power to order consolidation of two arbitrations when the parties’ agreements to arbitrate make no *3express reference to the issue of consolidation. The district court, although determining that consolidation was appropriate under the circumstances, held that it lacked the power to order consolidation. We have carefully reviewed the authorities and see no compulsion of law or policy barring a district court from issuing such an order, at least when the agreement between the parties is silent and the pertinent…