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Consent Is The Key To Compel: The Eighth Circuit Properly Denies A Motion To Compel A Non-Signatory To Arbitrate United States Court Of Appeals, Eighth Circuit: Bank Of America V. Umb Financial Services, Tom Swoboda

Journal of Dispute Resolution

This Note addresses a recent Eighth Circuit decision concerning the issue of whether or not to compel arbitration between a non-signatory plaintiff and a defendant who desires to arbitrate the plaintiff's claims.' After examining a recent Supreme Court decision in which the Court articulated certain principles of state contract law that allow a court to compel arbitration by or against nonparties to a contract, this Note will explore precedent in Missouri that demonstrates a stringent process in order to compel non-signatories to arbitration. The various federal circuit court treatments of this commonly litigated issue and its underlying split on the …