U.S. Supreme Court,
Civil Litigation
Jul. 8, 2020
US Supreme Court returns to issue of double standards in delegating gateway issues of arbitrability
The stakes in Henry Schein II are much larger than the narrow conflict among the circuits regarding delegation of “gateway” issues in agreements that “carve out” certain types of claims from arbitration — before the court is the practice of modifying Rent-A-Center’s “clear and unmistakable” standard for certain kinds of “gateway” issues that are thought to be in the particular province of the courts.
Steven B. Katz
Partner
Constangy, Brooks, Smith & Prophete LLP
1800 Century Park E Fl 6
Los Angeles , CA 90067
Phone: (310) 597-4553
Email: skatz@constangy.com
USC Law School
Steven B. Katz is a partner and co-chair of the Appellate Practice Group at Constangy, Brooks, Smith & Prophete, LLP. He represents employers in class, collective and representative actions, and appeals.
"The FAA [Federal Arbitration Act] was enacted in 1925 in response to widespread judicial hostility to arbitration agreements." AT&T Mobility LLC v. Concepcion, 563 U.S. 333, 339 (2011). This "hostility ... manifest[s] itself in 'a great variety' of 'devices and formulas'...." Id. at 342. Perhaps n...
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