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Supreme Court of the United States › American Arbitration Association

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Dunlap Bennett & Ludwig PLLC

Supreme Court To Review Arbitration Dispute Resolution Case

Dunlap Bennett & Ludwig PLLC on

The Supreme Court’s decision to grant certiorari in Wendy Smith et al. v. Keith Spizzirri et al. shines a spotlight on a pivotal issue within the realm of arbitration dispute resolution. This case underscores a significant...more

McGlinchey Stafford

Mass Arbitration: AAA Looks to Reign in Administrative Costs

McGlinchey Stafford on

Mass arbitration is a recent phenomenon created by enterprising plaintiffs as a direct result of a string of Supreme Court decisions that endorsed the use of class action waivers in arbitration agreements and precluded...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court To Revisit Delegation of Arbitrability in Henry Schein II

Skadden, Arps, Slate, Meagher & Flom LLP on

For the second time in two years, the U.S. Supreme Court will hear a case where the central issue is whether a court (or an arbitrator) should decide whether a dispute belongs in the courts or in arbitration. The Court...more

Kilpatrick

SCOTUS declines review of Second Circuit ruling endorsing class arbitration

Kilpatrick on

Takeaway: The concept of class arbitration has endured stiff headwinds. In Lamps Plus, Inc. v. Varella, 139 S. Ct. 1407 (2019), the Supreme Court ruled that a party cannot be required to participate in a class arbitration...more

Mintz - Arbitration, Mediation, ADR...

Arbitrability, Delegation, Carve-outs and Estoppel: SCOTUS Says “Welcome Back, Henry Schein”

Mintz - Arbitration, Mediation, ADR... on

On June 15, 2020, the U.S. Supreme Court welcomed back a familiar case by granting certiorari in Henry Schein, Inc. v. Archer and White Sales, Inc., No. 19-963. SCOTUS itself arguably made the case’s second visit to...more

Foley & Lardner LLP

Supreme Court to Decide Whether Reference to Injunctive Relief in Arbitration Clause Gives Court Power to Rule on Arbitrability of...

Foley & Lardner LLP on

Last month the Supreme Court granted a petition for a writ of certiorari in Henry Schein, Inc. v. Archer and White Sales, Inc. and will take up, in its next term, yet another issue of pressing importance for commercial...more

Pillsbury Winthrop Shaw Pittman LLP

Important International Arbitration Issues Fill Supreme Court Docket

Pillsbury Winthrop Shaw Pittman LLP on

These rulings will likely impact critical strategic decisions early in international arbitrations. Recent Supreme Court decisions on international arbitration may clarify important issues and make for a more efficient...more

Vinson & Elkins LLP

Supreme Court Will Review Whether “Carve Out” Clause Negates Delegation To Arbitrators To Determine Arbitrability

Vinson & Elkins LLP on

On June 15, 2020, the U.S. Supreme Court announced it will consider an issue important to resolving disputes by arbitration. The Court will determine whether it is possible both to carve out certain disputes from arbitration...more

Proskauer Rose LLP

ERISA Newsletter - Fourth Quarter 2019

Proskauer Rose LLP on

Editor's Overview - Happy New Year. We wrap-up 2019 with an article that reflects on significant developments in ERISA litigation during 2019, and takes a look at what's on the horizon for 2020. The courts (at all levels)...more

Williams Mullen

Who Decides The Arbitrability of The Dispute – Part II

Williams Mullen on

In July 2018, our Construction Alert addressed the question of who decides the arbitrability of a dispute when your contract includes an arbitration clause. Is it a court or the arbitrator? How did the “wholly groundless”...more

Troutman Pepper

Adopting AAA Rules to Govern Arbitration Proceedings May - or May Not - Allow U.S. Arbitrators to Decide Gateway Questions of...

Troutman Pepper on

Can arbitrators determine what issues they have the power to decide? According to the U.S. Supreme Court, they can, provided there is “clear and unmistakable evidence” the parties intended to delegate threshold questions to...more

WilmerHale

US Supreme Court Rejects “Wholly Groundless” Exception to Rule That Arbitrators Must Decide Arbitrability When Contract Delegates...

WilmerHale on

On January 8, 2019, the US Supreme Court held in Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S. --- (Jan. 8, 2019), that when a contract delegates to arbitrators the question whether a dispute is subject to...more

Epiq

The Supreme Court will Address Another Class Arbitration Issue

Epiq on

The legal profession as a whole is familiar with the basic principles of both class action litigation and bilateral arbitration. Class arbitration is a less common form of dispute resolution that the courts have debated for...more

Mintz - Arbitration, Mediation, ADR...

“Class Arbitration”: The Current Law

Mintz - Arbitration, Mediation, ADR... on

We recently began a series of articles in which we ask whether “class arbitration” — meaning the utilization of a Federal Rule of Civil Procedure 23 class action protocol in an arbitration proceeding — is ultimately viable,...more

BakerHostetler

Following the Sixth Circuit’s Lead, Ohio Appellate Courts Find Whether an Agreement Allows Class Arbitration Is a “Gateway Issue”

BakerHostetler on

As we stated previously, the potential impact of whether entitlement to class arbitration is a “gateway issue” will likely diminish with each passing year. (See our March 12, 2015, blog article on the denial of certiorari in...more

Faegre Drinker Biddle & Reath LLP

Managing Your Class-Action Risk Through Arbitration Agreements

Faegre Drinker Biddle & Reath LLP on

More companies are now using arbitration agreements to manage class-action risk. Several recent U.S. Supreme Court decisions have made it possible for companies to use arbitration to resolve disputes while managing...more

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