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Publications

ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals

Cert Granted: Revisiting Henry Schein, Inc. v. Archer and White Sales, Inc.

On June 15, 2020 the Supreme Court granted certiorari to decide “whether a provision in an arbitration agreement that exempts certain claims from arbitration negates an otherwise clear and unmistakable delegation of questions of arbitrability to an arbitrator.” Although the Court has narrowed the issue to address only whether the exemption of specific claims from arbitration negates a “clear and unmistakable delegation of questions of arbitrability to the arbitrator,” hopefully they will also clarify whether reference to rules containing a competence-competence provision constitutes such a delegation. Thus, it seems that we may soon have an answer to Professor Bermann’s question.