126. Evaluating the involvement of the non-signatory party in the
negotiation, performance, or termination of a contract is an
important factor for a number of reasons. First, by being actively
involved in the performance of a contract, a non-signatory may
create an appearance that it is a veritable party to the contract
containing the arbitration agreement; second, the conduct of the
non-signatory may be in harmony with the conduct of the other
members of the group, leading the other party to legitimately believe
that the non-signatory was a veritable party to the contract; and
third, the other party has legitimate reasons to rely on the
appearance created by the non-signatory party so as to bind it to the
arbitration agreement.