This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Henry Schein, Inc., according to Henry Schein, Inc., according to Henry Schein, Inc., the case concerns whether an arbitration agreement that incorporates the AAA’s arbitration rules delegates the question of arbitrability to the arbitrator.
Background and question before the Court
Counsel for the petitioner, Kannon K. Shanmugam, ESQUIRE, appeared on behalf of Henry Schein, Inc., and counsel for the respondent, Daniel L. Geyser, ESQUIRE, appeared on behalf of Archer and White Sales, Inc.
According to Henry Schein, Inc., according to Henry Schein, Inc., the central legal question is whether the incorporation of arbitration rules that authorize the arbitrator to resolve questions of arbitrability constitutes a valid delegation.
What each side argues
Henry Schein, Inc. (Petitioner)
According to Henry Schein, Inc., petitioner argues that the arbitration clause in the contract expressly delegates the question of arbitrability to the arbitrator.
According to Mr. Shanmugam, petitioner contends that any dispute over whether a claim arises under the contract is subject to very limited judicial review under the Federal Arbitration Act.
Archer and White Sales, Inc. (Respondent)
According to Mr. Geyser, respondent argues that, absent clear and unmistakable evidence that the parties intended to delegate arbitrability, the default is that the court decides that issue.
What happened at oral argument
Justice Thomas asked whether the contract contains any delegation language or a verb indicating delegation.
According to Justice Alito, justice Alito inquired about the basis for the presumption of arbitrability, referencing the federal policy favoring arbitration and Section 2 of the Federal Arbitration Act.
According to Justice Sotomayor, justice Sotomayor emphasized that a clear delegation is required and questioned whether the contract’s language intended such delegation.
According to Justice Kavanaugh, justice Kavanaugh restated the premise that the contract language expressly delegates arbitrability to the arbitrator.
Justice Barrett asked whether incorporation of the AAA rules by reference could still fail to constitute a clear and unmistakable delegation.
According to Chief Justice Roberts, chief Justice Roberts gave counsel a minute to wrap up their arguments.
- [1] a246e21a6a8f28eacea6-r1-ba00b55ef43facb4.pdf, p. 10
- [2] a246e21a6a8f28eacea6-r1-ba00b55ef43facb4.pdf, p. 16
- [3] a246e21a6a8f28eacea6-r1-ba00b55ef43facb4.pdf, p. 20
- [4] a246e21a6a8f28eacea6-r1-ba00b55ef43facb4.pdf, p. 28
- [5] a246e21a6a8f28eacea6-r1-ba00b55ef43facb4.pdf, p. 66
- [6] a246e21a6a8f28eacea6-r1-ba00b55ef43facb4.pdf, p. 67
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- a246e21a6a8f28eacea6-r1-ba00b55ef43facb4.pdforal argument transcript
Guide generated September 28, 2026. Automated validation accepted this version.