S&C Critical Insights – Supreme Court Business Review: Arbitration in GE Energy and Schein II reviews

June 8, 2022

In this episode of S&C’s Critical Insights, Litigation partners Judd Littleton and Julia Malkina are joined by Joe Neuhaus and Andrew Finn, co-heads of S&C’s Arbitration Practice, in a continuation of S&C’s Supreme Court Business Review podcast series.

Joe and Andrew discuss two recent arbitration developments at the Supreme Court. First, they review the recent decision in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, which addresses when persons who did not sign an arbitration agreement can nevertheless pursue arbitration in international cases. Second, they discuss the grant of certiorari in Henry Schein v. Archer & White Sales on its return to the Supreme Court to consider again the circumstances under which a court rather than arbitrators may decide whether a case is subject to arbitration.

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