In Sourcing Unlimited, Inc. v. Asimco Int’l, Inc., the United States Court of Appeals for the First Circuit reverses a district court decision denying defendants’ motion to compel arbitration. In doing so, the court addresses two key issues. First, the court analyzes, as a matter of first impression, whether it has jurisdiction to hear an interlocutory appeal from an order denying a motion to compel arbitration of an international commercial dispute, where the appeal is brought by a party that did not sign the agreement containing the arbitration clause. Second, the court addresses the circumstances under which it is appropriate to compel arbitration based on principles of equitable estoppel. The court’s analysis brings into focus what United States courts appear to be doing when they compel arbitration on this basis.
Journal of International Arbitration