Heinke, Weisel, Maynard Article on New Arbitration Limits Published by New York Law Journal
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“Arbitration: New Limits on the Horizon?,” an article by Akin Gump Supreme Court and appellate practice co-head Rex Heinke and litigation partner Douglass Maynard and senior counsel Jessica Weisel, has been published by New York Law Journal.
The article discusses the possible limits on scope and authority of arbitrators that may be imposed as a result of decisions to be handed down in three cases before the U.S. Supreme Court in its current Term.
The authors look at the cases— Lamps Plus v. Varela, New Prime v. Oliveira and Henry Schein v. Archer and White Sales—and analyze the various issues involved, including class arbitration, the corresponding authority of courts and arbitrators, and questions of arbitrability.
Regarding the latter two cases, the authors conclude, “Together, New Prime and Henry Schein could change how parties litigate arbitrability and whether they reconsider delegating questions of arbitrability to arbitrators.”
To read the full article, please click here.