Henry Schein v. Archer & White Sales

The Court declined to review the dispute on January 25, 2021, and did not decide the merits. The case asked whether a contract’s exception for certain claims changes who decides whether a dispute belongs in arbitration (a private process for resolving disputes).

Businesses and sales companies using arbitration clauses with exceptions can still face court fights over who decides where a particular claim belongs. The lower-court result remains in place for this dispute.

The Supreme Court has finished its action in this case. The parties must proceed under the lower-court result, while the broader question remains unresolved by the Supreme Court.

The Court declined to review the case. It did not decide the merits of the arbitration-contract question.

Businesses with exceptions in arbitration agreements may still litigate who decides whether a specific dispute must go to arbitration.

The Supreme Court’s docket action is complete. The lower-court result remains in place for the parties.