In several of his articles dealing with alternative dispute resolution, attorney Charles Forer has addressed the rights of parties to a contract to demand or refuse to submit to arbitration.
In The Legal Intelligencer in May 2002, he discussed the dilemma of a plaintiff seeking to add an additional defendant to arbitration; the plaintiff was stymied because that additional defendant had never consented to arbitration. Forer pointed out that it was too late by the time the dispute arose and the litigation had commenced because, “A basic principle of contract law is that a contract cannot bind anyone who is not a party to the contract. Pennsylvania courts therefore have held, again and again, that you cannot force a party to arbitration if that party has not contracted to arbitrate that disagreement.”
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