March 06, 2019 Articles

Supreme Court Issues a Pair of Unanimous Arbitration Decisions

In two January 2019 opinions written by the two newest justices, SCOTUS added to its growing body of arbitration jurisprudence.

By Jordan Elias and Adam E. Polk

In two January 2019 opinions written by the two newest justices, the Supreme Court added to its ever-growing body of arbitration jurisprudence.

The unanimous decisions in Henry Schein, Inc. v. Archer & White Sales, Inc. and New Prime Inc. v. Oliveira address the threshold matter of “who decides who decides” the dispute when a litigant invokes an arbitration agreement. Although the decisions come at this “delegation” issue from different angles, each takes a strict constructionist approach.

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