the NFA Bylaw and Interpretive Notice relied upon by the plaintiffs in this case do not indicate that non-parties have the right to seek private judicial remedies to enforce the agreement. Without such language, the plaintiffs cannot claim third-party beneficiary status. See O’Connor v. R.F. Lafferty & Co., Inc., 965 F.2d 893, 902 (10th Cir.1992) (concluding that introducing broker could not enforce arbitration agreement between investor and clearing broker); Ryder Energy Distribution Corp. v. Merrill Lynch Commodities, 748 F.2d 774, 781 (2d Cir.1984) (suggesting that customer did not have third-party beneficiary rights under membership agreement of New York Mercantile Exchange); Bernstein v. Lind-Waldock & Co., 153 Ill.App.3d 108, 106 Ill.Dec. 323, 325, 505 N.E.2d 1114, 1116 (1987) (<HOLDING>). Accordingly, as the plaintiffs may not bring
holding that agreement between chicago mercantile exchange and its members did not impart direct benefit to nonparty clearing member of exchange holding that a remote tippee must know that original exchange was given in exchange for benefit holding that the plaintiff was required to arbitrate his claim which accrued before he became bound by the arbitration rules of the new york stock exchange because he was fully aware of the existing claim at the time he became a member of the exchange and became bound by its arbitration rules holding exchange of information unnecessary due to changes in the agencys requirements and passage of time holding that the witness had accepted immunity in exchange for no prosecution