Schein, Inc. v. Archer & White Sales, Inc.: Upholding Principles of Arbitration, but Leaving Open Question Regarding Competence-Competence in Arbitral Rules as “Clear and Unmistakable” Evidence that Parties Agreed to Arbitrate Arbitrability
1. The Holding in Schein, Inc. v. Archer & White Sales, Inc. Maintains Principles of Arbitration In a recent unanimous decision dated 8 January 2019, Justice Kavanaugh delivered his first opinion of the United States Supreme Court (the “Court”) in Henry Schein, Inc. v. Archer and White Sales, Inc. As set-out below, the Court’s decision…