Case Law Summaries

Federal – Arbitration of Claims

FederalHenry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1272, decided January 8, 2019. The U.S. Supreme Court held that when the parties’ contract delegates the threshold arbitrability question to an arbitrator a court may not override the contract even if it thinks the arbitrability claim is wholly groundless. The Federal Arbitration Act does not contain a wholly groundless exception and the Court cannot rewrite the statute.

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