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.
August 03, 2018 at 03:40 PM
1 minute read
sine qua non
Legal Theories
Application by the Courts
See The Arbitration Clause as Super Contract See A Dangerous Doctrine: The Case Against Using Concerted-Misconduct Estoppel to Compel Arbitration See Enforcing Arbitration Agreements Against Non- Signatories Bankers Conseco Life Ins. v. Feuer all disputes or differences between the parties arising under or relating to this Reinsurance Agreement…shall be decided by arbitration citing Choctaw Generation v. Am. Home Assur. Co. Chase Mortg. Co.-West v. Bankers Tr. Co.
Broader View
intertwined-ness Carroll v. Leboeuf, Lamb, Greene & MacRae Camferdam v. Ernst & Young Camferdam Carroll Id. Id. Moss v. BMO Harris Bank
Conclusion
Linda Gerstel is of counsel at Anderson Kill and a member of the firm's corporate and commercial litigation group.
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