Publication
05.2019

This year, the United States Supreme Court has issued two unanimous decisions addressing exactly who gets to decide whether a dispute is arbitrable and under what circumstances. In Henry Schein, Inc. v. Archer & White Sales, Inc.,' the Court held that a court may not decide an arbitrability question that the parties have delegated to an arbitrator, even if that court thinks the arbitrability claim is "wholly groundless."' In New Prime Inc. v. Oliveira, the Court, in holding that the Federal Arbitration Act (FAA) does not apply to certain interstate transportation workers, also held that the question of whether the exemption applies is for the court to decide, even if the parties' agreement otherwise delegates questions of arbitrability to an arbitrator.

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