Dental Co. Looks To Nix High Court Arbitration Question

By Caroline Simson (April 30, 2020, 6:17 PM EDT) -- Dental equipment distributor Henry Schein Inc. told the U.S. Supreme Court on Wednesday that a question relating to whether arbitrators can rule on their own jurisdiction if an underlying agreement incorporates certain arbitral rules doesn't warrant the court's attention.

Schein urged the justices to deny the certiorari petition submitted by competing distributor Archer and White Sales Inc., which is asking the court to consider whether if an arbitration agreement incorporates arbitral rules allowing arbitrators to decide their own jurisdiction, that means the parties clearly wanted an arbitrator to decide whether a claim must be arbitrated or litigated.

The question has arisen...

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