Henry Schein Case Illuminates Maze Of Arbitrability Questions

Law360 (September 18, 2019, 12:25 PM EDT) -- In Archer and White Sales Inc. v. Henry Schein Inc., the U.S. Court of Appeals for the Fifth Circuit recently held that it had the authority to determine threshold questions of arbitrability because the underlying contractual arbitration clause had not clearly and unmistakably vested such authority in an arbitral tribunal.

The decision follows a January ruling in the case by the U.S. Supreme Court that invalidated the so-called wholly groundless exception, which the Fifth Circuit and others had previously used to justify keeping threshold arbitrability questions within the purview of the courts instead of arbitrators.

The Henry Schein case involves many...

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