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Ensure All Relevant Parties Sign Arbitration Agreement

By Michael Cypers and Michael Gerst ( July 20, 2018, 3:59 PM EDT) -- Can the arbitrator expand the parties to the arbitration? In Benaroya v. Bruce Willis,[1] the Court of Appeal answers this question "No." The "no" answer has two components. First, Benaroya tells us that where it is disputed, the court, not the arbitrator, decides who the parties to the arbitration are. Second, Benaroya decides that an individual who controls an entity which is a party to the arbitration cannot be added as an additional party to the arbitration where the individual did not sign an arbitration agreement....

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