News & Analysis as of

Federal Arbitration Act Arbitration Non-Signatories

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
Pierce Atwood LLP

Massachusetts Federal Court Rules Non-Signatory Can Enforce Arbitration Agreement

Pierce Atwood LLP on

On June 12, 2025, in Watkins v. Musk, the District of Massachusetts granted Elon Musk’s motion to dismiss a putative class action and to refer the claim to arbitration. The court ruled Musk could enforce an arbitration...more

Mintz - Arbitration, Mediation, ADR...

Lessons From Above: SCOTUS Declines to Review a Class Arbitrability Case (the Issue Had Been Delegated to an Arbitrator)

In its restraint, SCOTUS has shown us the mischief that arbitrators may do if parties are lax in setting boundaries in their agreement to arbitrate. By declining to grant certiorari regarding the Second Circuit’s most recent...more

Miller Canfield

U.S. Supreme Court Rules That Nonsignatory to International Arbitration Agreement May Compel Arbitration

Miller Canfield on

Can your business be compelled to defend an international arbitration brought by an entity with whom you never agreed to arbitrate? On June 1, 2020, a unanimous United States Supreme Court answered this question in the...more

Mintz - Arbitration, Mediation, ADR...

Arbitration: The New York Convention vs. U.S. Domestic Law – The Supreme Court Will Consider Reconciliation

The U.S. Supreme Court has granted certiorari to review a decision concerning arbitration that hinges on the interaction of (i) the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “NY...more

Carlton Fields

Ninth Circuit Affirms Order Denying Arbitration, Applying Precedent That State Law Does Not Overcome the New York Convention’s...

Carlton Fields on

In a trademark dispute, Shrinivas Sugandhalaya LLP (SS LLP), an incense manufacturing company based in Mumbai, appealed the denial of its motion to compel arbitration against Balkrishna Setty and his company Shrinivas...more

Troutman Pepper Locke

UPDATE: GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC: U.S. Supreme Court Grants Writ of Certiorari to...

Troutman Pepper Locke on

As discussed in our post from last year, on August 30, 2018, the Eleventh Circuit Court of Appeals reversed a lower court decision to compel arbitration between an Alabama steel plant owner, Outokumpu Stainless USA, LLC...more

Mintz - Arbitration, Mediation, ADR...

Non-Signatory to Arbitration Agreement Cannot Compel Arbitration When New York Convention Applies

The Eleventh Circuit Court of Appeals held recently that it could not compel arbitration demanded by a non-signatory to an arbitration agreement when the New York Convention applied. See Outokumpu Stainless USA, LLC v....more

Mintz - Arbitration, Mediation, ADR...

Who May Determine Whether Class Arbitration Is Authorized?

Who may determine whether “class arbitration” has been authorized by the parties to an arbitration agreement — a court, an arbitrator, either? Considering the nature of “class arbitration,” is this a special case of the...more

Carlton Fields

Estate Avoids Arbitration In Wrongful Death Maritime Suit Because Defendant Was Not A Signatory Or Party To Contract With...

Carlton Fields on

The Ninth Circuit refused last month to disturb a district court order denying a defendant’s motion to compel arbitration against a sailor in a maritime action pursuant to the Convention on the Recognition and Enforcement of...more

Burr & Forman

TN COA: Arbitrators Decide Scope and Unconscionability

Burr & Forman on

The Tennessee Court of Appeals at Jackson recently enforced a NY choice-of-law provision against an arbitration challenge, holding that courts determine contract-formation issues, while arbitrators decide the scope and...more

Carlton Fields

Eighth Circuit Upholds Arbitration Agreement In Absence Of Actual Proof Of Unconscionability Due To Cost

Carlton Fields on

The Eighth Circuit affirmed a decision by the U.S. District Court for the Eastern District of Missouri which rejected the contention that an arbitration agreement was unconscionable, and unenforceable under the Federal...more

Carlton Fields

California’s “Third Party Litigation Exception” Not Preempted By The FAA

Carlton Fields on

A California appellate court recently examined that state’s legislative response to the situation where a party moves to compel arbitration and some of the parties to the dispute are not parties to the arbitration agreement....more

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