Whether a non-signatory is bound by an arbitration agreement is always a question for a court to decide, not an arbitrator, even when the arbitration agreement delegates arbitrability questions to the arbitrator.  So, in this case, the arbitrator erred in adjudicating in the first instance that Benaroya was an alter ego of his corporation and thus bound by the corporation’s arbitration agreement and also by the corporation’s contract with Willis.

California Court of Appeal, Second District, Division 4 (Willhite, J.); May 17, 2018; 2018 Cal. App. LEXIS 450