The Supreme Court once again has shown its strong preference for
enforcing the terms of arbitration agreements as written by the
parties. In Henry Schein Inc. v. Archer & White Sales
Inc., Justice Kavanaugh's first written opinion, the
Court held that when an arbitration agreement delegates the
threshold question of arbitrability to an arbitrator, the
arbitrator, not a court, should decide the question, even if it is
clear to a court that the dispute is not covered by the arbitration
agreement. This unanimous opinion adds to a growing body of recent
Supreme Court case law making clear that the terms of arbitration
agreements, like any other contract, should be enforced as written
and without policy considerations or exceptions.
