S&C Critical Insights – SCOTUS and Arbitration: Last Term’s Decisions and What’s Next?

August 9, 2019



In this episode of S&C’s Critical Insights podcast series, S&C litigation partners Joseph Neuhaus and Andrew Finn discuss the impact of recent Supreme Court arbitration decisions and preview the one arbitration case on the Court’s docket for the 2019 Term.

The podcast focuses on three decisions from the 2018 Supreme Court session that addressed issues that had divided the lower courts: Lamps Plus Inc. v. Varela on class arbitration; Henry Schein Inc. v. Archer & White Sales Inc. on the “wholly groundless” exception to courts’ obligation to refer arbitrability issues to arbitration; and New Prime Inc. v. Oliveiria on the exception in the Federal Arbitration Act for “contracts of employment” in the transportation industry. Next term, in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC, the Court will consider whether a non-signatory to an arbitration agreement can compel a signatory to arbitrate a claim in an international matter.
 
Joseph Neuhaus has been a partner in S&C’s Litigation Group for over 27 years and is the head of the Arbitration Group. His practice focuses on international commercial litigation in both arbitral and court settings. He has been recognized by The American Lawyer as “Litigator of the Week” and by Chambers as a leading practitioner in international arbitration for the past 15 years.
 
Andrew Finn is a partner in S&C’s Litigation Group and deputy coordinator of the Arbitration Group. His practice focuses on complex commercial disputes in both arbitral and court proceedings.
 
Sullivan & Cromwell’s Arbitration Group is one of the world’s leading international dispute resolution practices. The Firm’s arbitration lawyers are involved with numerous large-dollar-amount commercial arbitrations, along with a steady flow of sovereign work, typically for the investors. Regularly recognized in league tables as a leading arbitration practice, S&C has handled international disputes for more than a century and has unparalleled expertise and experience in this area.
 
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