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When parties clearly and unmistakably delegate the issue of arbitrability to an arbitrator, the United States Supreme Court held in Henry Schein, Inc. v. Archer & White Sales, Inc., that, under the Federal Arbitration Act (FAA), a court has no power to determine the arbitrability of a dispute where the contract delegates the arbitrability question to an arbitrator, even if the argument that the arbitration agreement applies to the dispute is “wholly groundless.” Courts err when deciding on an arbitrability question itself if the required standard established in Henry Schein has been met.

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