The Southern District of California held that a non-signatory to an arbitration agreement may, as a third-party beneficiary, compel a signatory to submit to arbitration. Selby v. Deutsche Bank Trust Co. Americas,No. 12-01562 (S.D. Cal. Mar. 28, 2013). The arbitration clause at issue − plaintiff’s credit card agreement − permitted “any involved third party” to elect binding arbitration. Accordingly, the indenture trustee and successor servicers to the signatory bank could compel arbitration of plaintiff’s claim, even though they were not signatories to the agreement.
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Third-party beneficiary non-signatory defendant may compel arbitration
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