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…
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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 SchmitzIn 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 SchmitzThis 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
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