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U.S. Supreme Court,
Labor/Employment

Jan. 9, 2019

High court rules courts cannot decide arbitrability in presence of delegation clauses

The Supreme Court decided unanimously on Tuesday that in the presence of a clear delegation clause, the arbitrability of a dispute must be left to an arbitrator even if the application of the agreement to the issue is “wholly groundless.”

High court rules courts cannot decide arbitrability in presence of delegation clauses
From left, Supreme Court Justice Brett Kavanaugh, shown in November with Justices Neil Gorsuch, Elena Kagan and Samuel Alito, authored his first high court opinion Tuesday for a unanimous upholding of written law on the authority of arbitrators.

The U.S. Supreme Court decided unanimously Tuesday that in the presence of a clear delegation clause, the arbitrability of a dispute must be left to an arbitrator even if the application of the agreement to the issue is "wholly groundless."

In his premiere opinion, Justice Brett Kavanaugh wrote that a non-statutory exception used by some federal courts to decide arbitrability even when the question is contractually reserved for the a...

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