Arbitrator to Decide Consolidation, Third Circuit Concludes By Barry Barnett on June 12, 2007 Posted in Uncategorized The Third Circuit today held that an arbitrator, instead of a court, should decide whether to consolidate arbitration proceedings. Certain Underwriters at Lloyd’s v. Westchester Fire Ins. Co., No. 06-1457 (3d Cir. June 13, 2007). Barry Barnett Consolidate with our feed.