Eastland Court Denies Mandamus Enforcing Alberta Forum-Selection Clause in Composite Pipe Dispute

A Canadian composite pipe supplier sought mandamus relief to enforce an Alberta forum-selection clause against a Texas oil and gas exploration and production company, but the Eastland Court of Appeals held that no valid agreement arose where order acknowledgements expressly required acceptance by signature and the company never signed. The court further rejected equitable estoppel arguments based on the company's receipt of credits under a returns provision, finding that provision was not contained in the general terms and conditions requiring signature for acceptance.