The Supreme Court of the United States has agreed to resolve a circuit split regarding whether a non-signatory to an agreement to arbitrate may compel arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) based on the doctrine of equitable estoppel. In GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, et al., No. 18-1048, the 11th Circuit Court of Appeals held a non-signatory subcontractor, GE Energy Power, was not permitted to compel an ongoing dispute to arbitration under the New York Convention because “the Convention requires that the arbitration agreement be signed by the parties before the Court or their privities” in order to do so. Unsatisfied with this result, GE Energy Power sought review by the nation’s highest court.
The Question Presented in the case is:
Whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards permits a non-signatory to an arbitration agreement to compel arbitration based on the doctrine of equitable estoppel.
