A Litigator’s Reflections From The Arbitrator’s Chair

Law360 (July 26, 2019, 2:40 PM EDT) -- The U.S. Supreme Court handed down two decisions in 2019 that have drawn renewed attention to arbitration. In Henry Schein Inc. v. Archer and White Sales Inc., a unanimous court held that parties can contract to have the issue of arbitrability decided by the arbitrator, not the court.[1] In Lamps Plus Inc. v. Varela, a less-than-unanimous court held that an ambiguous arbitration agreement in an individual contract was an agreement to “traditional individualized arbitration,” and did not supply the clear consent needed to compel classwide arbitration.[2]

These decisions remind us of the fundamental difference between arbitration and litigation. To be sure,...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS