SCOTUS Business Cases This Term (Part 2 – Arbitration)

The Court has several arbitration-related cases before it this term.  Lamps Plus, Inc. v. Varela concerns whether the FAA permits a state-law interpretation of an arbitration agreement that finds a contractual basis for class arbitration without class arbitration’s being specifically mentioned.  New Prime, Inc. v. Oliveira involves the FAA’s exception for “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.”  And Henry Schein, Inc. v. Archer and White Sales, Inc. asks whether a court may decline to enforce an agreement delegating the question of arbitrability to an arbitrator if the court finds the argument for arbitrability “wholly groundless.”

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