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Expert Analysis

Henry Schein Case Illuminates Maze Of Arbitrability Questions

By Andrew Behrman and Brandt Roessler ( September 18, 2019, 12:25 PM EDT) -- In Archer and White Sales Inc. v. Henry Schein Inc., the U.S. Court of Appeals for the Fifth Circuit recently held that it had the authority to determine threshold questions of arbitrability because the underlying contractual arbitration clause had not clearly and unmistakably vested such authority in an arbitral tribunal....

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