SCOTUS Punts Question Of Who Decides Arbitrability, Leaving 5th Circuit Decision To Stand
By EsqSocial Corporation 01/02/21
The U.S. Supreme Court just refused to address the question of whether a carve-out in an arbitration agreement exempting certain claims from arbitration also exempts those claims from the agreement’s delegation of arbitrability to an arbitrator, dismissing a case it had originally agreed to rule upon. In the January 25 one-sentence order in Henry Schein Inc. v. Archer and White Sales Inc., the Court dismissed the case as improvidently granted, declining to substantively opine on the matter and...
By: Fisher Phillips