Arbitration: Supreme Court Dismisses cert grant as "improvidently granted"

The default rule is that the question f arbitrability- whether a case is within the arbitrator's power - is to be decided by a court and not an arbitrator: unless there is agreement to the contrary.

In Henry Schein,Inc. v. Archer and White Sales the issue was whether a reference to the American Arbitration Association (AAA) rules was sufficient to give the arbitrator authority.  The stakes are made clear in the amicus brief of the pro-jury, generally pro-plaintiff groups the bar association American Association for Justice, and the often allied Public Justice. 

Schein II Amicus Brief 10.20 Master 1130 am