1/9/2019 The U.S. Supreme Court Rules That Agreements For The Arbitrator To Determine Arbitrability Are Enforceable

The U.S. Supreme Court on January 8, 2019, held unanimously that a court may not override a contract provision that delegates the question of the arbitrability of a particular dispute to an arbitrator, even if it thinks that the arguments for arbitrating the dispute at hand are wholly groundless. The Court’s decision in Henry Schein, Inc. v. Archer & White Sales, Inc. reaffirms that, under the Federal Arbitration Act, arbitration is a matter of contract and courts must enforce such agreements according to their terms. Parties may agree to have an arbitrator decide not only the merits of a particular dispute, but also “gateway” questions of “arbitrability.” To view the Court’s opinion, click here.