• July 20, 2009

As reported here back in March, the U.S. Court of Appeals for the Eighth Circuit heard argument and has now ruled on a case in which the District Court held that a non-signatory to an arbitration clause could enforce the clause against a signatory to the agreement.

Today, in a published decision, the Eighth Circuit reversed the District Court. The Court held that the supply-chain relationship was not sufficient to conclude that the non-signatory was intertwined with a party to the Agreement such that it could enforce the arbitration agreement. The Court did not address the issue of waiver, which had been touched on at oral argument.

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