15 Cited authorities

  1. Shearson/Am. Express Inc. v. McMahon

    482 U.S. 220 (1987)   Cited 1,625 times   9 Legal Analyses
    Holding that an arbitration clause was enforceable under the Federal Arbitration Act with respect to a claim under the Securities Exchange Act of 1934
  2. In re Weekley Homes, L.P.

    176 S.W.3d 740 (Tex. 2005)   Cited 317 times   1 Legal Analyses
    Holding that non-signatories may be bound even when not asserting a claim on the contract if they "deliberately seek and obtain substantial benefits from the contract itself."
  3. Smith/Enron Cogeneration Ltd. P'ship, Inc. v. Smith Cogeneration Int'l, Inc.

    198 F.3d 88 (2d Cir. 1999)   Cited 281 times
    Holding that the fact that the party resisting arbitration could not rely for that purpose on the separate corporate existence of a number of Enron affiliates that it had referred to collectively in a prior complaint as the "Enron Group"
  4. Am. Bureau of Shipping v. Tencara Shipyard S.P.A.

    170 F.3d 349 (2d Cir. 1999)   Cited 169 times
    Holding that the nonsignatory received direct benefits, prior to litigation, from the agreement, including lower insurance rates and other maritime rights
  5. Deloitte Noraudit v. Deloitte Haskins Sells

    9 F.3d 1060 (2d Cir. 1993)   Cited 148 times
    Holding that non-signatory local affiliate, who used a trade name pursuant to an agreement that it ratified which contained an arbitration clause, was estopped from relying on its nonsignatory status to avoid arbitrating under the agreement
  6. Diamond Sys. v. 55 Liberty

    4 N.Y.3d 247 (N.Y. 2005)   Cited 104 times
    Holding that the FAA applied since the out-of-state parties were involved in the transaction and various materials were obtained from out-of-state
  7. Ace Am. Ins. Co. v. Huntsman Corp.

    255 F.R.D. 179 (S.D. Tex. 2008)   Cited 37 times   1 Legal Analyses
    In Ace American Insurance Company v. Huntsman Corporation, 255 F.R.D. 179, 206 (S.D. Tex. 2008), this court noted several ways in which a nonsignatory might receive direct benefits from an agreement, "such as relying on the signatories' performance of the contract containing the arbitration clause,... asserting that monetary compensation is owed under the contract with the arbitration clause,... and receiving monetary compensation flowing from obligations under the contract with the arbitration clause."
  8. Legacy Wireless Services, Inc. v. Human Capital, L.L.C.

    314 F. Supp. 2d 1045 (D. Or. 2004)   Cited 38 times
    Holding that fees received under a similar pass-through arrangement were a "direct benefit" of the contract containing the initial obligation
  9. Wood v. Penntex Resources, L.P.

    458 F. Supp. 2d 355 (S.D. Tex. 2006)   Cited 26 times
    Finding that the first type of estoppel did not apply because a party to the contract containing an arbitration clause was attempting to enforce that clause against a nonparty
  10. N.J.R. Assocs. v. Tausend

    2012 N.Y. Slip Op. 5120 (N.Y. 2012)   Cited 14 times
    Concluding that question of timeliness "must be resolved by an arbitrator under [the act's] principles" where choice of law clause provided only that "the Agreement shall be governed by, and construed in accordance with, the laws and decisions of the State of New York," and "[did] not include the critical enforcement language"
  11. Section 202 - General powers

    N.Y. Bus. Corp. Law § 202   Cited 34 times
    Granting New York corporations specific powers