United States Supreme Court

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Henry Schein, Inc. v. Archer and White Sales, Inc., 17–1272

Held that when a contract delegates to an arbitrator the threshold question of whether a dispute belongs in arbitration, a court must allow the arbitrator to decide the issue, even if the court thinks that the arbitrability claim is wholly groundless. That is, a court may not short-circuit the process by stepping in for the arbitrator. The "wholly groundless" exception is inconsistent with the Federal Arbitration Act. Justice Kavanaugh wrote the unanimous opinion, which resolved a circuit split.

Appellate Information

  • Decided
  • Published 2019/01/08


  • Kavanaugh


  • United States Supreme Court