1-Hour Program

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In Henry Schein v. Archer & White Sales, the Supreme Court resolved a circuit split on whether—in cases where the delegation doctrine applied (i.e., there was clear and unmistakable evidence that the parties had delegated arbitrability questions to the arbitrators)—courts could nonetheless resolve such questions where the argument in favor of the arbitrability of the dispute was “wholly groundless.”  In Schein, Justice Kavanaugh, writing for the court, rejected the “wholly groundless” exception,  stating “[w]hen the parties’ contract delegates the arbitrability question to an arbitrator, the courts must respect the parties’ decision as embodied in the contract.”

John Fellas and Stijn Winters, two experts in arbitration law from Hughes Hubbard & Reed LLP will address:

  • The “who decides” question
  • The separability doctrine
  • The delegation doctrine and the “wholly groundless” exception

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