Supreme Court Leaves Sticky Arbitration Question Unsettled

Law360 (January 28, 2021, 8:28 PM EST) -- The unusual and unexpected decision by the U.S. Supreme Court on Monday to dismiss a petition relating to who decides whether a claim must be arbitrated or litigated means that a thorny question among arbitration practitioners will remain unresolved, at least for now.

Dental distributor Henry Schein Inc. had asked the high court in its petition to resolve whether a carveout in an arbitration agreement negates a provision allowing arbitrators to rule on their own jurisdiction.

But in the months since accepting certiorari over the petition last June, it appears that the justices came to realize they wouldn't be able to...

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