Supreme Court Punts on Important Arbitrability Question
The Energy Law
FEBRUARY 4, 2021
This rare reversal of field by the Supreme Court—essentially recalling its own decision to grant a cert petition—leaves unresolved the conflict over who decides whether a claim must be arbitrated if there is a carve-out in the arbitration provision. It also rejected the “wholly groundless” exception altogether. UBS Securities, LLC , 770 F.3d
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