Nonsignatory to Arbitration Agreement Cannot be Compelled To Arbitrate, Mass. App. Ct. Rules

BOSTON — A doctor cannot be compelled to participate in the arbitration of a malpractice claim brought against him because he was not a party to the arbitration agreement between his patient and the nursing home facility in which he practiced, a Massachusetts appellate court has ruled.

In a case of first impression, the Massachusetts Court of Appeals ruled May 23 that none of the exceptions to the rule that a signatory may not compel a nonsignatory to arbitrate apply in this case. The court further held that the question of whether the doctor is bound by the arbitration agreement …