United States
Answer ... The US Supreme Court has agreed to review the decision of the Eleventh Circuit in GE Energy Power Conversion France SAS Corp v Outokumpu Stainless USA, LLC, 902 F 3d 1316 (2018), holding that a non-signatory to a contract cannot compel arbitration under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, as incorporated in Chapter 2 of the Federal Arbitration Act, through the doctrine of equitable estoppel. The court held that: “Private parties… cannot contract around the Convention’s requirement that the parties actually sign an agreement to arbitrate their disputes in order to compel arbitration.” There is a conflict in the circuit courts on this issue. The case presents an important issue for corporations engaging in cross-border commercial transactions, which often require performance by parties that are not actual signatories, including sureties and subcontractors.