“Ninth Circuit Underscores the Need for Careful Drafting of International Arbitration Clauses”

Frederick Acomb and Ahmad Chehab have this article in The National Law Review, discussing the Ninth Circuit’s decision in Setty v. Shrinivas Sugandhalaya LLP, holding that, in an international arbitration, “a non-signatory can in fact enforce an arbitration clause under the doctrine of equitable estoppel provided the claims in the case are “intertwined” with the contract containing the clause.” The authors note that the U.S. Supreme Court in last year’s decision in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC, had left open this issue.