Roth v. Carvel Corp.

MEMORANDUM OPINION

KAPLAN, District Judge.

The parties to this attorney’s fee dispute agreed, after the commencement of this action, to resolve the controversy by binding arbitration. They agreed to procedural ground rules and to the method for selection of the arbitrator. On their consent, the Court ordered this action discontinued “upon the appointment of the arbitrator.” The parties thereupon ignored the stipulated method for selection of an arbitrator and now disagree as to whether an arbitrator has been duly appointed and, if so, whether he should be disqualified for bias. The matter comes…