Who decides what gets arbitrated
Henry Schein v. Archer & White Sales
In brief
The Supreme Court ended its review without deciding whether the exception for certain claims defeats the agreement to let an arbitrator decide what the clause covers.
- Where it stands
- Decided
Decided · January 25, 2021
- What it’s about
- The case concerned whether an arbitration agreement involving Henry Schein and Archer & White could send questions about the agreement’s scope to an arbitrator even though it excluded some claims from arbitration.
- Who it affects
- The order gives neither Henry Schein nor Archer & White a Supreme Court answer to the main arbitration question. It does not endorse either company’s position.
Summary: written with AI from the case record.
What it's about
The Supreme Court declined to decide that issue and dismissed (ended) its review as improvidently granted, leaving the main legal question without a ruling in this case.
Arbitration agreements can raise a separate question about who decides whether a particular dispute belongs in arbitration: a court or an arbitrator.
Question presented
Whether a provision in an arbitration agreement that exempts certain claims from arbitration negates an otherwise clear and unmistakable delegation of questions of arbitrability to an arbitrator.
What the Court decided
Holding
Writ of certiorari dismissed as improvidently granted. Opinion per curiam.
- Result
- Dismissed
What's next
Supreme Court review is over in this case. The parties and lower courts should treat the order as procedural only, not as a ruling for either side.
Documents
Docket activity
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AI analysis generated: Case Briefing
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AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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AI analysis generated: Decision Record
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Case data updated: status, opinion_date
Opinion added: Opinion
Brief added: Petition
Brief added: Questions Presented
More questions
- What issue did Henry Schein present to the Supreme Court?
- It asked whether excluding some claims from arbitration defeats a clear agreement to let an arbitrator decide whether the dispute falls within the clause. The Court did not decide that issue.
- What did the Supreme Court do in Henry Schein?
- The Court ended its review by dismissing (ending) the writ of certiorari (the Court’s agreement to hear the case) as improvidently granted. It did not decide the arbitration issue.
- Did the Court decide which side won?
- No. The Court made no ruling on the main arbitration question and did not endorse either company’s position.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.