Comments on: Case of the Day: Henry Schein v. Archer & White Sales https://lettersblogatory.com/2019/01/10/case-of-the-day-henry-schein-v-archer-white-sales/ The Blog of International Judicial Assistance Mon, 11 Nov 2024 23:36:38 +0000 hourly 1 https://wordpress.org/?v=6.9.4 By: Steven Skulnik https://lettersblogatory.com/2019/01/10/case-of-the-day-henry-schein-v-archer-white-sales/#comment-3237 Thu, 10 Jan 2019 21:41:36 +0000 https://lettersblogatory.com/?p=27908#comment-3237 In reply to Ted Folkman.

Thanks for the clarification

]]> By: Ted Folkman https://lettersblogatory.com/2019/01/10/case-of-the-day-henry-schein-v-archer-white-sales/#comment-3236 Thu, 10 Jan 2019 15:58:56 +0000 https://lettersblogatory.com/?p=27908#comment-3236 In reply to Steven Skulnik.

Steven, I had in mind the split on whether incorporation of the AAA rules, which give the arbitrator the power to rule on arbitrability, also give the arbitrator the power to decide whether the arbitration can proceed on a class basis. Liz Kramer wrote a post on this in August at Arbitration Nation. She identifies the 3d, 4th, 6th, and 8th Circuits as holding that adoption of rules that delegate the decision on arbitrability generally to arbitrators is not enough to show that the arbitrator can decide class arbitrability.

]]> By: Steven Skulnik https://lettersblogatory.com/2019/01/10/case-of-the-day-henry-schein-v-archer-white-sales/#comment-3235 Thu, 10 Jan 2019 13:41:57 +0000 https://lettersblogatory.com/?p=27908#comment-3235 I’m curious about footnote 2. Which circuits support the Restatement’s view that adoption of institutional rules do not deprive the court of the power to determine arbitrability?

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