Cione

Defendant Foresters Equity Services, Inc. (FESCO), appeals an order denying its motion to compel arbitration and stay plaintiff John Paul Clone’s lawsuit for wrongful termination of employment. Asserting it was the third party beneficiary of an agreement by Cione to arbitrate the parties’ dispute, FESCO contends the court should have compelled arbitration. We reverse and direct the superior court to enter an order granting FES CO’s motion to compel arbitration.

I

Introduction

Soon after going to work for FESCO, Cione applied for registration with a securities industry self-regulatory organization. As part of his registration application form, Cione agreed to arbitrate any dispute with FESCO required to be arbitrated under the regulatory organization’s rules. About three years later, Cione and FESCO executed a written employment agreement containing no reference to arbitration or to Clone’s industry registration form.

When a dispute arose about the circumstances surrounding Cione’s separation from employment with FESCO, FESCO submitted the matter to industry arbitration. Cione filed this lawsuit against FESCO for wrongful termination. Based upon Clone’s industry…