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Linda Gerstel

Linda Gerstel

August 03, 2018 | New York Law Journal

Blurred Lines: Rethinking the Issue of Consent by Non-Signatories

In recent years, U.S. courts have increasingly tended not only to enforce mandatory arbitration agreements, but also to compel arbitration even in instances where one of the parties did not sign an agreement to arbitrate. The title of Robin Thicke's 2013 megahit —“Blurred Lines”—provides an accurate description of what constitutes “consent” by a non-signatory in arbitration.

By Linda Gerstel

1 minute read