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All articles tagged '"non-signatories"'
10 articles found
SCOTUS to Consider Whether Non-Signatory May Compel Arbitration Under New York Convention
By Beth Graham - July 11, 2019
The Supreme Court of the United States has agreed to resolve a circuit split regarding whether a non-signatory to an agreement to arbitrate may compel arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) based on the doctrine of equitable estoppel.
Increasing Legalism in Global Commercial Arbitration
By Beth Graham - December 13, 2013
University of Missouri School of Law Professor S. I. Strong has published Increasing Legalism in International Commercial Arbitration: A New Theory of Causes, a New Approach to Cures, 7 World Arbitration and Mediation Review 117 (2013); University of Missouri School of Law Legal Studies Research Paper No. 2013-26.
Roundup of Motions to Compel Involving Non-Signatories to Arbitration Agreements
By Beth Graham - August 29, 2013
Michael Wolgin of Jorden Burt LLP has compiled a useful roundup of recent motions to compel involving non-signatories to arbitration agreements.
Arbitration Lessons From State Courts
By Beth Graham - August 20, 2013
Liz Kramer at Arbitration Nation has compiled a thorough blog post that examines a number of arbitration decisions that were handed down by various state high courts in recent months.
Article | Ten Hallmarks of Effective Arbitration Agreements with Sovereigns and State Entities
By Victoria VanBuren - February 2, 2012
We recently came across an interesting article published at Lexology. The piece, written by Mayer Brown, LLP partner William H. Knull, III, is entitled “Ten Hallmarks of Effective Arbitration Agreements with Sovereigns and State Entities.” Here is an excerpt: Arbitrating with sovereigns involves all of the issues inherent in proceedings between private entities plus a variety of specialized concerns. This article lists 10 of the most
Fifth Circuit Rules Non-Signatories Not Bound by Arbitration Agreement
By Victoria VanBuren - September 14, 2011
The U.S. Court of Appeals for the Fifth Circuit held that corporate officers did not personally agree to arbitrate and were not bound by an arbitration agreement. Covington v. Aban Offshore, No. 10-40449 (5th Cir. August 10, 2011) involves a dispute between Aban Offshore Limited (“Aban”), owner of an oil rig, and Guy Covington and Russell Covington, officers and employees of Beacon Maritime, Inc. (“Beacon”) a contractor hired to refurbish the rig
N.D. of Texas Holds Signatory May Enjoin Another Signatory From Pursuing Litigation Against Non-Signatory
By Beth Graham - April 8, 2011
The Northern District of Texas has held that a signatory to an arbitration agreement may enjoin another signatory from pursuing litigation against a non-signatory. In Salad Bowl Franchise Corp. v. Crane, No. 3:11-CV-0034-D (N.D. Tex., March 17, 2011), Salad Bowl, a Texas corporation with its principal offices in Dallas, entered into a franchise agreement which contained an arbitration clause with New Mexico residents Mason and Henry Crane (“the C
Texas Supreme Court Holds Arbitration Agreement May Grant Non-Signatories the Right to Compel Arbitration
By Beth Graham - March 14, 2011
The Supreme Court of Texas has held “parties to an arbitration agreement may grant non-signatories the right to compel arbitration.” In In re Rubiola, No. 09-0309, (Tex., March 11, 2011), Brian and Christina Salmon agreed to purchase a home from Greg and Catherine Rubiola with J.C. Rubiola acting as listing broker for the transaction. Brothers Greg and J.C. Rubiola jointly operate a number of real estate and mortgage companies in San Antonio, inc
Beaumont Appeals Court Holds Third Party Claims Subject to Arbitration
By Beth Graham - January 17, 2011
The Beaumont Court of Appeals has held in a memorandum opinion that a trial court properly compelled a party to arbitrate its claims against non-signatory third parties and properly entered judgment disposing of all claims where no evidence was offered against the third parties during arbitration. In Sabine Syngas, Ltd. v. Port of Port Arthur Navigation Dist., No. 09-09-00331-CV, (Tex. App. – Beaumont, January 13, 2011), the Port of Port Arthur N
American Review of International Arbitration Article | Evidence and Discovery in American Arbitration: The Problem of ‘Third Parties’
By Victoria VanBuren - November 16, 2009
Alan Scott Rau, Professor at The University of Texas School of Law and contributor to this blog, wrote recently an excellent article entitled Evidence and Discovery in American Arbitration: The Problem of ‘Third Parties,’ American Review of International Arbitration, Fall 2009. We invite you to check out Professor Rau’s well-known skillful writing on the evolving issue of arbitral powers to collect evidence from non-parties to a
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