Independent Specialty Insurance Company, Petitioner v. Apex Hospitality Group, L.L.C.

Independent Specialty Insurance Company asks the Supreme Court to decide which law applies when a non-signing party seeks to enforce an international arbitration agreement through equitable estoppel (a rule that can prevent a party from avoiding an agreement). The dispute comes from the Fifth Circuit.

The petition asks the Court to resolve whether federal common law or state law governs this equitable-estoppel question. Oral argument has not been scheduled.

The answer could affect whether companies that did not sign an arbitration agreement can require another party to arbitrate. For example, an insurer or business connected to a contract could face different rules depending on whether federal or state law controls.

The case asks whether federal common law or state law controls when a nonsignatory seeks to enforce an international arbitration agreement through equitable estoppel.

Businesses, insurers, and other parties connected to international contracts could be affected when they seek arbitration without having signed the agreement.

The Supreme Court may decide whether to grant certiorari, meaning it will hear the case. Oral argument has not been scheduled.