Practical Law

The US Supreme Court recently issued its decision in Henry Schein v Archer & White. The court’s decision abolishes the “wholly groundless” doctrine, which served as a judge-made exception to the general rule that delegated gateway issues of arbitrability are properly resolved first in arbitration. In this respect, the court’s unanimous opinion is an uncontroversial … Continue reading The US Supreme Court’s decision in Henry Schein v Archer & White: an affirmation of first principles and of the need for clarity over delegated gateway issues →