Supreme Court Punts on Important Arbitrability Question
The Energy Law
FEBRUARY 4, 2021
The distributor argued that the inclusion of its request for injunctive relief brought the case under the carve-out in the arbitration provision. This is now the second time this case has been before the Supreme Court on issues of arbitrability. It also rejected the “wholly groundless” exception altogether. 3d 1010 (2d Cir.
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