Jenner & Block

“Arbitration by Estoppel: An Analysis of the Equities,” Mealey’s International Arbitration Report

In this article first published in Mealey’s, Jenner & Block Partner Elizabeth A. Edmondson and Associate Jacob Tracer review how courts have approached the issue of when to invoke equitable estoppel to permit an arbitration to go forward.  The authors explore issues left open in the US Supreme Court case Arthur Andersen LLP v. Carlisle, as well as the recent Restatement of the US Law of International Commercial and Investor-State Arbitration.   Part I of the article identifies two factors that often influence how courts consider whether arbitration by estoppel would be equitable.  Part II analyzes instances where arbitration by estoppel is most challenging from an equitable perspective.