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Carve Out Provisions Certiorari

Fisher Phillips

SCOTUS Punts Question Of Who Decides Arbitrability, Leaving 5th Circuit Decision To Stand

Fisher Phillips on

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...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court To Revisit Delegation of Arbitrability in Henry Schein II

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

Mintz - Arbitration, Mediation, ADR...

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

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

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

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