Litigation & Arbitration,
Alternative Dispute Resolution
Mar. 23, 2013
When can 'nonsignatories' compel arbitration?
Collateral consequences in arbitration can affect the process substantially, and should be anticipated or confronted as early as possible.
Lawrence Waddington
Neutral, JAMS
Email: waddington1@aol.com
Lawrence is a retired Los Angeles County Superior Court Judge and former assistant attorney general for the state of California. He is author of "Disorder in the Court" at Amazon.com. He also edits the 9th Circuit blog, "The 9th Circuit Watch."
Counsel who write a comprehensive and carefully worded arbitration clause in a contract may assume the conduct of any arbitration will ensue routinely if the court grants the petition to arbitrate a future dispute between the parties. Yet collateral consequences in arbitration can affect the process unless anticipated or confronted as early as possible. Issues of arbitrator jurisdiction, emergence of nonsignatories, mixed arbitrable and nonarbitrable claims, and the doctrine of arbitrabili...