Blue Cross Blue Shield of Massachusetts, Inc. v. BCS Ins. Co.

In arbitration proceeding in which two arbitrators were unable to agree as to appointment of third arbitrator, Dist. Ct. could properly appoint third arbitrator under section 5 of Fed. Arbitration Act. Ct. rejected defendant's claim that Dist. Ct. lacked jurisdiction to appoint arbitrator where: (1) prior to said appointment, Dist. Ct. had determined that arbitrators could resolve separate issue regarding defendant's motion to compel de-consolidation of instant arbitration; and (2) defendant had argued that only Dist. Ct. could resolve de-consolidation issue before arbitration could continue. Ct. similarly found that Dist. Ct. had jurisdiction to appoint arbitrator during defendant's appeal of Dist. Ct.'s de-consolidation order since Ct. of Appeals lacked jurisdiction to consider defendant's appeal where de-consolidation order was interlocutory in nature and where said order did not fall within limited provisions for appeal under 9 USC section 16(a)(1)(B).