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Justices May Take Up Question Of Who Decides Arbitrability

In an article published by Law360, Mintz Member Gilbert Samberg offered insights on why the U.S. Supreme Court might take up a case that arguably presents the issue of whether parties that have incorporated certain arbitral rules into their contracts have “clearly and unmistakably” agreed that an arbitrator, rather than a court, shall determine whether a matter must be arbitrated or litigated.