The Antecedent Delegation Agreement: “Russian Doll Questions” Concerning a Non-Signatory to an Arbitration Agreement Remain Unresolved
By EsqSocial Corporation 23/02/21
Recently, the U.S. Supreme Court denied certiorari in Piersing v. Domino’s Pizza Franchising LLC, 20-695 (Jan. 25 2021) and dismissed its own writ of certiorari as “improvidently granted” in Henry Schein, Inc. v. Archer & White Sales, Inc., 592 U.S. ___ (Jan. 25 2021). Both cases concerned a non-signatory of an arbitration agreement seeking to enforce the terms of that agreement against a signatory, including terms that arguably concerned whether arbitrability issues were delegated to an...
By: Mintz - Arbitration, Mediation, ADR