“Plaintiffs Who Made Claims Based on Rights Under an Agreement Are Bound by the Agreement’s Arbitration Provisions”

In certain cases, a court may order a non-party to arbitrate a dispute when they are knowingly seeking to exploit the benefits of an agreement containing an arbitration clause. This is because the court recognizes that the non-party is aware of the provisions in such contracts and has chosen to take advantage of them. A recent example of this is the New York Supreme Court’s decision in Alma Management PTE Ltd. v. Shepard Towers LLC, summarized in this article by Attorney John Lundin.