Overview
Global Arbitration Review quoted Michael Baratz in an article titled "US Supreme Court to Rule Again on Arbitrability." The article, published June 25, discusses the Supreme Court appeal in Archer White v Schein and its potential impact on arbitration.
Baratz says: "The lesson of Archer White v Schein is that if parties want arbitrability to be decided by the arbitrators and not a court they must use 'clear and unmistakable' language in the dispute resolution clause. Simply incorporating a tribunal's rules by reference is not necessarily a 'clear and unmistakable' delegation. Parties should draft their arbitration provisions deliberately and make clear what they do and do not want. Courts will enforce clear provisions."
The full article can be read at Global Arbitration Review (subscription required).
