News & Analysis as of

Question of Arbitrability American Arbitration Association

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

Carlton Fields

Fifth Circuit Finds Incorporation of AAA Rules Into Arbitration Agreement Presents “Clear Unmistakable Evidence” of Parties’...

Carlton Fields on

This appeal arises from a class action suit alleging violations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. In 2015, plaintiff Manuel Mendoza bought a car from defendant car dealer Fred Haas Motors, and...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

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

Mintz - Arbitration, Mediation, ADR...

"Class Arbitration": Second Circuit Declines to Pull the Plug on Mechanism that SCOTUS Largely Scorns

“Class arbitration” signifies the utilization of the Fed.R.Civ.P. 23 protocol in an arbitration proceeding. A fundamental question among many concerning the legal viability of “class arbitration” is whether an arbitrator can...more

King & Spalding

Who Decides Whether Your Dispute Will Be Arbitrated?

King & Spalding on

Many contracts have provisions that state that disputes relating to the agreement will be resolved in arbitration. But often questions arise as to whether a particular dispute should be decided in arbitration or in court. ...more

Carlton Fields

New York Appellate Division Declines to Enjoin Baltimore Orioles’ Arbitration Against Washington Nationals

Carlton Fields on

Two professional baseball teams — the Washington Nationals and the Baltimore Orioles — were parties to a partnership agreement granting exclusive broadcast rights to their baseball games to a third entity. The agreement had a...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

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