S&C Critical Insights – Supreme Court Business Review: Arbitration in GE Energy and Schein IIAugust 14, 2020
Joe and Andrew discuss two recent arbitration developments at the Supreme Court. First, they review the recent decision in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, which addresses when persons who did not sign an arbitration agreement can nevertheless pursue arbitration in international cases. Second, they discuss the grant of certiorari in Henry Schein v. Archer & White Sales on its return to the Supreme Court to consider again the circumstances under which a court rather than arbitrators may decide whether a case is subject to arbitration.
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