IN THE SUPREME COURT OF TEXAS

Clearly, a=20 nonsignatory can compel a party who has signed an arbitration agreement = to=20 arbitrate a dispute under appropriate circumstances. E.g., = Grigson v.=20 Creative Artists Agency, 210 F.3d 524, 528 (5th Cir. 2000); MS = Dealer=20 Serv. Corp. v. Franklin, 177 F.3d 942, 947 (11th Cir. 1999). A party = who has=20 signed an agreement containing an arbitration clause may be compelled to = arbitrate disputes with a nonsignatory when the signatory must rely on = the terms=20 of the agreement to prosecute claims against the nonsignatory. = Grigson,=20 210 F.3d at 527 (citing MS Dealers Serv. Corp., 177 F.3d at 947). = A=20 nonsignatory may also be entitled to compel arbitration when claims = asserted by=20 a signatory allege =93substantially interdependent and concerted = misconduct by=20 both the nonsignatory and one or more of the signatories to the = contract.=94=20 Id. (quoting MS Dealers Serv. Corp., 177 F.3d at 947). But = even=20 the exceptionally strong policy favoring arbitration cannot justify = requiring=20 litigants to forego a judicial remedy when they have not agreed to do = so.=20 E.E.O.C. v. Waffle House, Inc., 534 U.S. 279, 293-94 (2002).

I = agree with=20 the court of appeals that neither prong of the Grigson test is = satisfied=20 in this case. While WMCO asserts that Ford and Meyer tortiously = interfered with=20 the purchase and sales agreement between WMCO and Bullock, its claims = depend on=20 the existence of the agreement, not its terms. In similar circumstances, = the=20 Fifth Circuit has declined to compel arbitration, noting that the mere = fact that=20 a dispute touches on an agreement containing an arbitration clause is an = insufficient basis on which to compel arbitration. Hill v. G.E. Power = Sys.,=20 Inc., 282 F.3d 343, 348-49 (5th Cir. 2002). Neither is the second = prong=20 fulfilled. WMCO does not allege any substantially interrelated = misconduct=20 between Bullock and Ford or Meyer. To the contrary, WMCO asserts that = Bullock=20 was compelled by Ford and Meyer to breach the purchase and sales = agreement and=20 would have fully performed absent their interference.