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White Paper

6 Pages
  • 6 Pages

Nonsignatories Bound by an Arbitration Clause in Franchise Cases

 

Can parties that never signed an arbitration agreement still be required to arbitrate?

Back when U.S. Supreme Court Justice John Roberts was in private practice he argued on behalf of Manny and Carol Kaplan and their family securities trading business which had suffered during the 1987 stock market crash. The clearing house was taking advantage and had brought an arbitration not only against their business but against them personally when they had not personally agreed to arbitration. This white paper reviews this case and discusses whether or not arbitration can be brought about if arbitration agreements weren’t signed and discusses additional case law dealing with nonsignatory arbitration and inclusion of issues and parties.

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Nonsignatories Bound by an Arbitration Clause in Franchise Cases

Agenda

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Nonsignatories Bound by an Arbitration Clause in Franchise Cases

Faculty

Craig R. Tractenberg

Craig R. Tractenberg

Fox Rothschild LLP

  • Partner in the New York and Philadelphia offices of Fox Rothschild LLP
  • Practice emphasizes all franchise development and restructuring activities and building franchise companies
  • Monthly columnist to a national legal newspaper on franchise topics
  • Adjunct law professor of franchise law at Temple University School of Law (his alma mater)
  • Author of several chapters of books on franchising and a frequent lecturer on franchise topics
  • J.D. degree, Temple University James E. Beasley School of Law; B.A. degree, cum laude, La Salle University
  • Can be contacted at [email protected]
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Nonsignatories Bound by an Arbitration Clause in Franchise Cases

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