The U.S. Court of Appeals for the Fifth Circuit split on whether to rehear a question of arbitration, and in a dissenting opinion three judges said the court is now out of step with its sister circuits, the Supreme Court and its own precedent.

At issue is how to interpret the status of a non-signatory to an arbitration agreement that nevertheless sought to compel arbitration between a contractor that worked for the non-signatory and that contractor’s employer. In a January 7 opinion, a three judge panel found the non-signatory could not compel arbitration.