Originally from American Review of International Arbitration - ARIA

INTRODUCTION

Whether a non-signatory is bound by an arbitration agreement is a frequently recurring issue in international arbitration. Ubiquity notwithstanding, there is an oft-overlooked question in this area: What law determines whether a non-signatory is bound by an arbitration agreement?  The question’s importance should not be underestimated. The answer to this choice-of-law question can have outcome-determinative effects,  because the substantive analysis can vary significantly under the laws of different jurisdictions.