Analysis

High Court Decision Sets Arbitration, Court Power Balance

Law360 (January 8, 2019, 8:59 PM EST) -- The U.S. Supreme Court's Tuesday decision striking down an exception that had allowed courts to decide whether a claim belongs in arbitration has further defined the allocation of power between arbitral tribunals and courts by eliminating a ground by which parties could seek to avoid arbitration, experts say.

The justices concluded in the case involving dental equipment distributor Henry Schein Inc. that courts may not override a contract that delegates to arbitrators the question of whether a claim must be arbitrated or litigated, even if the arbitration bid was "wholly groundless," saying this exception to arbitrability is inconsistent with the Federal...

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