Compelling Signatories To Arbitrate With Non-Signatories

John Fellas

March 28, 2022

In his International Arbitration column, John Fellas discusses non-signatories to arbitration agreements,
highlighting the issue that U.S. courts hold that a non-signatory may rely upon an arbitration clause against a
signatory, but not the other way around. No U.S. case has fully articulated the rationale for this theory or fully
explained why these two situations should be treated differently.