Originally from Alternatives to the High Cost of Litigation

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Much ink has been spilled over the years by dispute resolution attorneys to provide guidance to contract drafters on how to properly draft arbitration clauses. Arbitral institutions also have chimed in. Indeed, the CPR Institute alone provides model arbitration clauses for administered, non-administered, and “fast track” arbitration. [Alternatives is published by the International Institute for Conflict Prevention and Resolution with John Wiley.]

This (over)supply of guidance has been in response to a market need, as illustrated by Henry Schein Inc. v. Archer & White Sales Inc., a U.S. Supreme Court case involving a dispute over an ambiguous arbitration clause that was decided last month. The Court’s decision is available at https://bit.ly/2CXAgPw; for background, see George Somi, “Supreme
Court to Decide ‘Wholly Groundless’ Arbitrability Exception,” 36 Alternatives 126 (September 2018) (available at https://bit.ly/2RpaxVq).