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Arbitration Agreements › Non-Signatories › Estoppel

Ervin Cohen & Jessup LLP

Equitable Estoppel Can Be Invoked By a Non-Signatory Joint Employer to Compel Arbitration

Ervin Cohen & Jessup LLP on

Tell me if you have heard this one before: ten companies are sued by a former employee as “joint employers”, even though the employee technically worked for, and signed a binding arbitration agreement with, only one of them....more

Carlton Fields

Broker Obtains Preliminary Injunction Enjoining FINRA Arbitration Initiated by Non-Signatories to Arbitration Agreement

Carlton Fields on

Interactive Brokers LLC filed an action in the Southern District of New York seeking preliminary and permanent injunctions against an arbitration proceeding initiated by a group of non-signatories to an agreement between...more

Farrell Fritz, P.C.

Commercial Division Holds Nonsignatories Are Bound By Agreement’s Arbitration Clause

Farrell Fritz, P.C. on

“Read before you sign”, is what we counsel our clients, since we all know that courts will bind one contractually to a signed agreement even if not read. But, what if you never signed the agreement? Can you still be bound by...more

Rivkin Radler LLP

You Can Be Compelled to Arbitrate Based on an Agreement You Didn’t Sign

Rivkin Radler LLP on

As a general rule, parties cannot be forced to arbitrate a dispute unless they signed a clear and binding agreement to arbitrate. However, a recent decision issued by New York County Commercial Division Judge Barry Ostrager...more

King & Spalding

Supreme Court Broadens Non-Signatory Enforcement of Arbitration Agreements Under the New York Convention

King & Spalding on

On Monday, June 1, 2020, the Supreme Court of the United States addressed the scope of enforceability by non-signatories of arbitration agreements under the Convention on the Recognition and Enforcement of Foreign Arbitral...more

Carlton Fields

Split Decision in the Ninth Circuit: Two Non-Signatory Defendants Can Compel Arbitration Based on Equitable Estoppel, One Cannot

Carlton Fields on

All three defendants were non-signatories to the underlying contract containing the arbitration agreement they sought to enforce. They each contended that they were entitled to enforce the arbitration agreement, despite their...more

Brooks Pierce

Who Decides Arbitrability? Judge Or Arbitrator? (Again)

Brooks Pierce on

Having a client required to arbitrate a case — even though that client never signed off on an arbitration provision — is nothing new. Judge Conrad dealt with that situation late last month in Charlotte Student Housing DST v....more

Troutman Pepper Locke

Can a Nonsignatory to an Arbitration Agreement Compel Arbitration by Estoppel? North Carolina Court of Appeals Says Yes — But Not...

Troutman Pepper Locke on

Smith Jamison Constr. v. Apac-Atlantic, Inc., 2018 N.C. App. LEXIS 132 (N.C. Ct. App. Feb. 6, 2018) - General contractor APAC-Atlantic (“APAC”) hired Smith Jamison Construction (“Jamison”) as a subcontractor to perform...more

Carlton Fields

Seventh Circuit Reverses Order Compelling Arbitration Of Dispute Between Two Non-Signatories To Arbitration Agreement

Carlton Fields on

The U.S. Court of Appeals for the Seventh Circuit recently held that state law governs whether a contract’s arbitration clause is binding on non-signatories. The dispute arises from a consumer protection action filed by the...more

Foley & Lardner LLP

Seventh Circuit Speaks Again on How the Wisconsin Fair Dealership Law Applies in Arbitration

Foley & Lardner LLP on

A few months ago, we commented on an aspect of the interaction between the Wisconsin Fair Dealership Law (WFDL), Wis. Stat. ch. 135, and arbitration, as discussed by the Seventh Circuit in Everett v. Paul Davis Restoration,...more

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