This Is One Of Those Rare Cases In Which A Delegation Clause Is Not Enforced. Generally, a court will decide arbitrability of a dispute unless that issue is clearly and unmistakably delegated to an arbitrator, as was the case here. But there are exceptions, and New Prime Inc. v. Oliveira (S. Ct. 1/15/19) […]
First SCOTUS Opinion Authored By Justice Kavanaugh Is Unanimous. "Under the Federal Arbitration Act, parties to a contract may agree that an arbitrator rather than a court will resolve disputes arising out of the contract." The question presented in Henry Schein, Inc., et al. v. Archer and White Sales, Inc., No. 17-1272 (S. […]
Federal Arbitration Act Cases Pending Before SCOTUS Present Issues of Interpretation Of FAA, And Who Decides Gateway Issues. Henry Schein, Inc. v. Archer & White Sales Inc., scheduled to be argued in November, presents as an issue whether judge or arbitrator decides the gateway issue of arbitrability. The general rule is that the […]
Does Exemption In Section 1 Of The FAA For Workers Engaged In Interstate Commerce Apply To Independent Contractors? And Who Decides? We posted earlier about this case on February 26, 2018. The issues presented are: (1) Whether a dispute over applicability of the Federal Arbitration Act's Section 1 exemption is an arbitrability issue […]