Bigge Crane & Rigging Co.; Claus Frederiksen; Dp Engineering, Ltd.; John Scroggins; and Vei General Contractors…

Summary

The court affirmed the denial of Bigge's motion to compel arbitration because Bigge, a nonsignatory subcontractor, did not establish that it could invoke the arbitration clause in Entergy's agreement with Siemens. The court held that the circuit court, rather than an arbitrator, properly decided arbitrability because the agreement did not clearly and unmistakably delegate that question for disputes involving nonsignatories. It further held that Bigge was neither an intended third-party beneficiary nor entitled to rely on equitable estoppel. Justice Hart, concurring, agreed with the result but would have affirmed on the ground that the agreement excluded Entergy's tort claims from its scope.