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- Title
Equitable Estoppel and the Compulsion of Arbitration.
- Authors
Hui, Alexandra Anne
- Abstract
The article argues that to effectuate parties' objectively manifested intent, the judicial system in the U.S. should restructure the doctrine of equitable estoppel, eliminating the applications that allow a willing nonsignatory to compel an unwilling signatory to arbitrate. It then discusses how arbitration became an alternative to a judicial proceeding in courts and how the Federal Arbitration Act allocates issues between the arbitrator and the courts. It also analyzes the current principles that courts are using to determine when a nonsignatory may be compelled to arbitrate. Moreover, it proposes eliminating the strand of equitable estoppel used to compel an unwilling signatory plaintiff to arbitrate with a willing nonsignatory.
- Subjects
UNITED States; ESTOPPEL; RES judicata; ARBITRATION (Administrative law); LIBERTY of contract; ARBITRATION &; award; ACTIONS &; defenses (Law); JUSTICE administration; CIVIL procedure; DISPUTE resolution; EQUITABLE estoppel
- Publication
Vanderbilt Law Review, 2007, Vol 60, Issue 2, p711
- ISSN
0042-2533
- Publication type
Article