Arbitrating Arbitrability: Three Recent Appellate Decisions On Delegation Clauses In Arbitration Agreements
By EsqSocial Corporation 20/10/20
This summer, we discussed that the Supreme Court is reviewing whether an arbitration agreement’s clear delegation of the question of arbitrability to the arbitrator can be negated by a provision that exempts certain claims from arbitration. Henry Schein, Inc. v. Archer & White Sales, Inc., 207 L. Ed. 2d 1050 (2019). Since the Supreme Court granted certiorari in that case, three notable appellate decisions, two in the Ninth Circuit and one in the Third Circuit, have confronted related delegation...
By: Morrison & Foerster LLP - Class Dismissed