Intellectual Property Law

New Matter SPRING 2019, Volume 44, Number 1

Case Comments

Lowell Anderson

Stetina Brunda Garred & Brucker


"[P]arties may agree to have an arbitrator decide not only the merits of a particular dispute but also ”gateway” question of arbitrability,’ such as whether the parties have agreed to arbitrate or whether their agreement covers a particular controversy.’" But if the demand for arbitration is "wholly groundless" some courts have taken it upon themselves to decide the gateway question of arbitrability to enable courts to block frivolous attempts to transfer disputes from the court system to arbitration." Interpreting the Federal Arbitration Act as written, "[w]hen the parties’ contract delegates the arbitrability question to an arbitrator, a court may not override the contract." The court may decide whether the agreement delegates the arbitrability question to an arbitrator. A decision denying arbitration was vacated and remanded. Henry Schein, Inc. v. Archer & White Sales, Inc., 139 S.Ct. 524, 202 L.Ed.2d 480 (2019).

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