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Arbitrators

Alston & Bird

Supreme Court Rejects the “Wholly Groundless” Exception to Arbitrators Determining Arbitrability

by Alston & Bird on

Our International Arbitration & Dispute Resolution Team examines how the Supreme Court resolved a circuit split over who decides the question of arbitrability—i.e., whether a claim falls within the scope of an arbitration...more

BakerHostetler

Supreme Court Decides First Arbitration Case on Its Docket – Henry Schein, Inc. v. Archer & White Sales, Inc.

by BakerHostetler on

As we noted in our Dec. 19, 2018, blog article, there were three arbitration cases involving the Federal Arbitration Act (FAA), all argued in October 2018, pending on the Court’s docket. ...more

Dentons

US Supreme Court provides further clarity on who decides arbitrability

by Dentons on

Kompetenz-kompetenz is a well-established doctrine in international arbitration. It holds that an arbitral tribunal is competent to determine its own jurisdiction. Although most, if not all, modern arbitration rules...more

Shearman & Sterling LLP

Supreme Court Rules That Agreements Delegating Arbitrability Determinations To Arbitrators Must Be Enforced As Written And Are Not...

by Shearman & Sterling LLP on

On January 8, 2019, in a unanimous opinion authored by Justice Kavanaugh, the United States Supreme Court held that courts must enforce as written arbitration agreements that require the “gateway” question of arbitrability to...more

Fenwick & West LLP

Supreme Court Reinforces Enforceability of Delegation Clauses in Arbitration Agreements

by Fenwick & West LLP on

Last week, the U.S. Supreme Court held unanimously that when an arbitration delegates gateway issues of arbitrability to the arbitator to decide, a court may not consider questions of arbitrability, even where the party...more

Littler

Supreme Court Eliminates the "Wholly Groundless" Exception to Arbitration Agreements, Reinforcing the Force of Delegation...

by Littler on

On January 8, 2019, in a unanimous opinion written by Associate Justice Brett Kavanaugh, the Supreme Court ruled that where parties have agreed to delegate issues of arbitrability to an arbitrator, a court may not override...more

King & Spalding

U.S. Supreme Court Strikes Down “Wholly Groundless” Exception Where Parties Have Agreed to Arbitrate Arbitrators’ Jurisdiction

by King & Spalding on

On January 8, 2019, the United States Supreme Court issued a unanimous decision in Henry Schein, Inc. et al. v. Archer & White Sales, Inc., No. 17–1272, 2019 WL 122164 (U.S. Jan. 8, 2019), in which the Court yet again...more

Eversheds Sutherland (US) LLP

Supreme Court strengthens enforceability of arbitration provisions

In his first Supreme Court opinion, Justice Kavanaugh, writing for a unanimous court, held that when a contract delegates to arbitrators gateway questions regarding arbitrability of disputes, courts may not override that...more

Constangy, Brooks, Smith & Prophete, LLP

CALIFORNIA SNAPSHOT: Check Those Arbitration Agreements In Light Of SCOTUS Decision

California employers should make sure the arbitrator decides on arbitrability. Last week, the U.S. Supreme Court unanimously held that when a valid arbitration agreement allows the arbitrator to decide whether the...more

Shipman & Goodwin LLP

U.S. Supreme Court Decision Impacts Arbitration Clauses

by Shipman & Goodwin LLP on

In a unanimous opinion by the U.S. Supreme Court this week, the Court held that "a court may not decide an arbitrability question that the parties have delegated to an arbitrator." Henry Schein, Inc. v. Archer & White Sales,...more

Pepper Hamilton LLP

Kavanaugh's First Opinion: In Arbitration Agreements, Delegation Means Delegation

by Pepper Hamilton LLP on

The U.S. Supreme Court recently issued another decision making it easier for parties to arbitrate. This time, the Court did away with any exceptions to clauses delegating to arbitrators the right to decide their own...more

Buchanan Ingersoll & Rooney PC

Supreme Court Confirms Enforceability of Delegation Clauses, Eliminates 'Wholly Groundless' Exception

In a unanimous decision, the first authored by Justice Brett Kavanaugh, the United States Supreme Court rejected the “wholly groundless” exception to the general rule that courts will enforce a “clear” and “unmistakable”...more

Dechert LLP

The Supreme Court of the United States Unanimously Reaffirms the Court’s Jurisprudence Enforcing Contractual Arbitration...

by Dechert LLP on

In Henry Schein, Inc., et al. v. Archer and White Sales, Inc., the Supreme Court of the United States once again rejected efforts to create exceptions to the Federal Arbitration Act’s command that courts enforce the terms of...more

Akin Gump Strauss Hauer & Feld LLP

Arbitration Agreements Can Control Who Decides Arbitrability: Arbitrator or Court

• The Supreme Court held that, under the Federal Arbitration Act (FAA), courts must enforce arbitration contracts according to their terms, including provisions authorizing arbitrators to decide “gateway” questions of...more

Sheppard Mullin Richter & Hampton LLP

U.S. Supreme Court Rejects ‘Wholly Groundless’ Exception to Delegation Clauses in Arbitration Agreements

On January 8, 2019, the United States Supreme Court issued a unanimous opinion in Henry Schein, Inc. v. Archer & White Sales, Inc. strengthening the enforceability of arbitration “delegation clauses.” These clauses have been...more

Clark Hill PLC

Kavanaugh’s First Opinion Rejects “Wholly Groundless” Exception to Arbitrability

by Clark Hill PLC on

On January 8, 2019, a unanimous Supreme Court held that a court may not decide gateway issues of arbitrability where the parties’ contract explicitly provides for an arbitrator to decide those issues. ...more

BakerHostetler

Supreme Court Overturns "Wholly Groundless" Exception to Contractual Delegations of Arbitrability Decisions to Arbitrators

by BakerHostetler on

On Jan. 8, 2019, the U.S. Supreme Court issued a unanimous decision regarding an important procedural issue under the Federal Arbitration Act (FAA). In Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1272, it held...more

Payne & Fears

Nonparty Discovery in California Arbitration: How to Get What You Want

by Payne & Fears on

Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more

Genova Burns LLC

Arbitrator to Decide Whether Dispute is Subject to Arbitration Even if Argument is “Wholly Groundless,” Supreme Court Holds

by Genova Burns LLC on

The U.S. Supreme Court ruled yesterday that parties to a contract may agree that an arbitrator, not the court, will decide whether a dispute is subject to arbitration (known as “arbitrability”). The case, Henry Schein, Inc....more

Bracewell LLP

Supreme Court Rules That Arbitrators Must Decide Whether A Dispute Is Arbitrable, Not Courts, When The Contract So Provides

by Bracewell LLP on

Yesterday January 8, 2019, in the first opinion issued by Justice Brett Kavanaugh, the United States Supreme Court held that courts may not use a “wholly groundless” exception to disregard contractual provisions delegating...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Concludes “Wholly Groundless” Exception Is Inconsistent With Federal Arbitration Act

On January 8, 2019, the Supreme Court of the United States decided whether courts may disregard contractual language calling for an arbitrator to decide questions of arbitrability if the argument that the arbitration...more

Polsinelli

U.S. Supreme Court Again Rules for Arbitration, Rejecting Judge-Made Doctrine That Gave Courts Authority to Reject Arbitration

by Polsinelli on

In yet another win for businesses seeking to shift the forum for their disputes from the courtroom to the conference room, the U.S. Supreme Court this week unanimously decided an important case that makes it easier to compel...more

Mintz - Arbitration, Mediation, ADR...

Judicial “Wholly Groundless” Doctrine Regarding Delegation of Arbitrability Issues is Wholly Groundless Under the FAA

The U.S. Supreme Court has decided that the Federal Arbitration Act (“FAA”) requirement that courts enforce arbitration agreements according to their terms includes the parties’ agreement to have an arbitrator decide “not...more

Ballard Spahr LLP

Unanimous Supreme Court Holds No "Wholly Groundless" Exception to Arbitrability Under FAA

by Ballard Spahr LLP on

Deciding an important gateway arbitration issue that has divided the circuits, the U.S. Supreme Court has held that the Federal Arbitration Act (FAA) requires courts to enforce arbitration agreements that delegate questions...more

K&L Gates LLP

U.S. Supreme Court Rejects “Wholly Groundless” Test and Reminds Parties of the Power of the Arbitration Agreement

by K&L Gates LLP on

In a decision issued on January 8, 2019, the U.S. Supreme Court (the “Court”) resolved a split of opinion among courts of appeals over whether the “wholly groundless” test has any application to the determination of who, as...more

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