request under its own Terms, Cathay Pacific could enforce the arbitration clause in ASAP’s terms.Considering the fairness of compelling arbitration by estoppel, the Court also rejected plaintiffs’ argument that ordering arbitration would be unfair because the refund process was unclear under both ASAP’s Terms and Conditions and Cathay Pacific’s GCC. The Court took issue with plaintiffs’ interpretation of the fairness inquiry that accompanies equitable estoppel, concluding the proper focus should not be on whether the refund process was clear, but rather on whether the conduct at issue renders it unfair for plaintiffs to circumvent the relevant arbitration clause. Because plaintiffs’ claim implicates ASAP’s refund responsibilities under its own Terms, the Court found it would not undermine notions of fairness to enforce a valid arbitration provision in these circumstances.The Court also briefly considered the issue of whether Cathay Pacific’s motion to compel arbitration was barred by federal regulation 14 C.F.R. § 253.10, which provides that carriers cannot impose on passengers or ticket purchasers any contract of carriage with a choice of forum clause that prohibits claims against the carrier from being pursued in any court of competent jurisdiction. Finding that Section 253.10 only clearly and unambiguously regulated a carrier’s ability to impose a choice-of-forum clause in contracts of carriage and did not prohibit a carrier from enforcing an arbitration agreement between passengers and third parties when permissible under the applicable law, the Court determined this regulation was no bar to arbitration.Given the prevalence of arbitration encountered in everyday transactions, and the likelihood that third-party intermediaries play a part in facilitating those transactions, this Ninth Circuit opinion provides insight into the facts and circumstances in which a court may be inclined to compel arbitration in favor of a nonsignatory. This decision is also a good reminder to attorneys a