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Arbitration Agreement Update: Who Decides Arbitrability of a Claim?

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Last month, the U.S. Supreme Court decided in two scenarios where it could and could not enforce an arbitration agreement. On January 8, 2019, in Henry Schein, Inc. v. Archer & White Sales, Inc., the Supreme Court stated that a court cannot decide what claims are covered under an arbitration agreement where the agreement states that the arbitrator must decide.

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