Analysis

Justices May Take Up Question Of Who Decides Arbitrability

By Caroline Simson (May 6, 2020, 8:30 PM EDT) -- The U.S. Supreme Court is set to decide if it should resolve a quietly simmering debate on whether parties that have incorporated certain arbitral rules into their contracts have tasked arbitrators with determining whether a matter must be arbitrated or litigated.

The question has arisen in an antitrust dispute involving two dental equipment distributors. Archer and White Sales Inc. has accused Henry Schein Inc. of conspiring with other distributors to fix prices and coerce a common supplier into terminating its deal with Archer.

Although the case was first filed in 2012, the dispute has yet to get past the question of...

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