Ninth Circuit Reverses Order Compelling Arbitration

The Ninth Circuit Court of Appeals recently reversed a district court’s decision granting a motion to compel arbitration filed by a non-signatory to the agreement containing the arbitration clause. The non-signatory argued that it was a third-party beneficiary of the agreement and that equitable estoppel allowed it to compel arbitration, but the Ninth Circuit rejected those claims under California law.

Kim Ngo bought a BMW from a California dealership. Ngo financed the car through a purchase agreement with the dealership that contained an arbitration clause. The car was allegedly riddled with problems, and Ngo sued the car’s manufacturer, BMW of North America, under, inter alia, California and federal consumer protection statutes regarding car warranties…

Read the complete story here.

Featured Arbitrators

ad
View all

Read these next

Category

Arbitration Conversation No. 71: Ashley Rafael, General Counsel, Midway Moving & Storage, Inc.

In this episode of the Arbitration Conversation Amy interviews Ashley Rafael, General Counsel, Midway Moving & Storage, Inc. Ashley is an arbitrator for the American Arbitration Association, serving on its...

By Ashley Rafael, Amy Schmitz
Category

Arbitration Conversation No. 12: Arbitrator Katherine Haennicke from AAA

In this episode of the Arbitration Conversation Amy interviews Arbitrator Katherine Haennicke from the American Arbitration Association about pro se parties in arbitration. https://youtu.be/vYmj9pTWh1I

By Katherine Haennicke, Amy Schmitz
Category

Canada – Portion of Arbitral Award Set Aside; Re-hearing to be Conducted by Different Arbitrator

This article first appeared on Arbitration Matters, here. In Spirit Bay Developments Limited Partnership v Scala Developments Consultants Ltd., 2021 BCSC 1415, Justice Davies set aside a portion of an arbitral...

By Lisa C. Munro

Find an Arbitrator

X
X
X