Hot Topic VI: Supreme Court Argument Preview: Looking Ahead to Round 2 on Schein and Arbitrability

The original story can be found on: CPR Speaks. See also: Hot Topic V: Monster Energy v. City Beverages.

Bennett Injury’s Richard Faulkner joins CPR to discuss the case’s second trip to the nation’s top Court in under two years.  In Henry Schein Inc. v. Archer and White Sales Inc., 139 S. Ct. 524 (Jan. 19, 2019) (available at https://bit.ly/338gdLT), the Court held that the “wholly groundless” exception to arbitrability is inconsistent with the Federal Arbitration Act and the Court’s precedent. But it declined to determine “whether the parties agreed to arbitrate arbitrability” as indicated by “clear and unmistakable evidence” in a unanimous opinion by Associate Justice Brett Kavanaugh. Learn more about Hot Topic III: California's OTO v. Kho decision.

As a fellow of the Chartered Institute of Arbitrators, Richard D. Faulkner guides all of our other trained arbitration lawyers to provide the highest-quality legal representation for complex domestic and international arbitrations. Learn more about how arbitration works.

Contact Bennett Injury Law if you or someone you know is in need of an arbitration lawyer. Bennett Injury Law is a leading domestic and international arbitration law firm. We provide the highest-quality legal representation for complex domestic and international commercial, personal injury, and international arbitrations. We cover diverse jurisdictions, arbitral institutions, and industry sectors and work under numerous laws and in different countries.

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