June 08, 2016 Articles

Enforcement of Arbitration Clauses Against Non-Signatories

The federal courts have recognized at least six bases for enforcing an arbitration agreement against a non-signatory.

By Edward A. Marod and Darlene Barron

Professional service contracts often contain mandatory arbitration clauses. Many state and federal court decisions make enforcement of such clauses mandatory where the party resisting enforcement signed the contract containing the clause. When professionals are sued by plaintiffs who did not personally sign the contract containing the arbitration clause, many attorneys incorrectly assume that enforcement of the arbitration clause is not possible. In fact, when the Federal Arbitration Act applies, there are a number of ways to enforce arbitration clauses and compel arbitration even against a party that did not sign the contract.

Premium Content For:
  • Litigation Section
Join - Now