Cert Granted: Revisiting Henry Schein, Inc. v. Archer and White Sales, Inc.
Cert Granted: Revisiting Henry Schein, Inc. v. Archer and White Sales, Inc.
Veronica Leokadia Dunlop
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 Bermanns question.