Because the scenario outlined in this case is narrow and unusual, it “will have limited applicability in arbitration-related jurisprudence going forward,” said Richard Silberberg, an arbitration lawyer with Dorsey & Whitney and a director of the New York International Arbitration Center. “The unanimous SCOTUS decision that a court, not an arbitrator, must decide whether the parties’ first agreement was superseded by the second was hardly surprising,” he added, because previous rulings had pointed in that direction.
