Blog Post
06/12/2020
By Sunu M. Pillai

In a unanimous decision, the U.S. Supreme Court recently ruled that a non-signatory to an agreement requiring arbitration for disputes might be able to compel arbitration under state law equitable estoppel arguments. The decision held that the New York Convention (“Convention”) does not conflict with the enforcement of arbitration provisions in agreements by non-signatories under domestic-law equitable estoppel doctrines. See GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, No. 18-1048, 2020 WL 2814297 (U.S. June 1, 2020). This decision aligns the U.S. with the majority of countries that have adjudicated the issue, which often arises in international construction disputes.

Blog Post
09/25/2018
By Sunu M. Pillai

Contrary to what many construction contractors and owners may believe, construction arbitration often involves substantial document production.  This may include production of documents from third parties not directly involved in the arbitration.  The question often arises as to whether an arbitrator can compel production of documents from a third party prior to a hearing.  Various Federal Circuit Courts of Appeal have reached different conclusions on this question.