Arbitrating Against Non-Signatories: The Current State of Play

, New York Law Journal


John Dellaportas, a partner at Morgan, Lewis & Bockius, writes: It is generally thought that those who have not signed an arbitration agreement cannot be compelled to arbitrate. While that is often the case, like most legal rules, it has its exceptions. The U.S. Court of Appeals for the Second Circuit has recognized five such exceptions, and courts have cited each as supporting arbitral jurisdiction over a non-signatory to an arbitration clause in a contract signed by other parties.

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