Robey v. SPARC Group, LLC

Court: U.S. Court of Appeals for the Third Circuit

Date: 2023

Issue on Appeal: Whether a party can be compelled to arbitrate claims involving non-signatories and whether arbitration agreements can be enforced against or by entities that did not expressly consent to arbitration.

RLC’s Position: The RLC argues that arbitration is strictly a matter of consent and should not be extended to non-signatories absent a clear contractual basis. Expanding arbitration obligations beyond the parties who agreed to them would undermine predictability and increase litigation complexity for retailers and other businesses that rely on enforceable arbitration agreements. Maintaining clear limits on who can be bound by arbitration preserves its efficiency and contractual integrity.

Other Amici: Chamber of Commerce of the United States and other business organizations.

Counsel: Counsel from national appellate and arbitration practices representing amici curiae.