Henry Schein Inc. v. Archer and White Sales Inc.

Justia (with opinion) · Docket · oyez.org

Argued on Dec 8, 2020.
Decided on Jan 25, 2021.

Petitioner: Henry Schein Inc..
Respondent: Archer and White Sales Inc..

Advocates:

• Kannon K. Shanmugam (for the petitioner)

Facts of the case (from oyez.org)

In 2019, the Court unanimously held in Henry Schein Inc. v. Archer and White Sales Inc. that under the Federal Arbitration Act, a court may not decide whether an arbitration agreement applies to the particular dispute if the parties “clearly and unmistakably” delegated the question to an arbitrator, even if the court believes that the argument for arbitrability is “wholly groundless.” On remand the U.S. Court of Appeals again refused to compel arbitration, finding that the parties had delegated at least some questions of arbitrability to the arbitrator. Notably, the Fifth Circuit held that because the arbitration agreement included a provision exempting certain claims from arbitration, the agreement did not “clearly and unmistakably” delegate the question of arbitrability to an arbitrator.

Question

Does an arbitration agreement that exempts certain claims from arbitration negate an otherwise clear and unmistakable delegation of questions of arbitrability to an arbitrator?

Conclusion

The writ of certiorari was dismissed as improvidently granted.