Defendants In Securities Fraud Case May Not Compel Arbitration, 10th Cir. Affirms

DENVER — Defendants in a securities fraud case may not compel arbitration of the dispute because they failed to present evidence that there was an agreement binding on the parties to arbitrate disputes arising from their contractual agreements, a federal appeals court has affirmed.

On May 29, the 10th Circuit U.S. Court of Appeals noted that the parties’ contracts contained conflicting provisions regarding arbitration. Furthermore, the plaintiffs are not equitably estopped from asserting their lack of signature on certain of the contracts to avoid arbitration because they did not benefit from the contracts, the court ruled.

In 2010, I3Carbon officer …