On August 12, 2013 the Delaware Chancery Court issued its ruling in Medicis
Pharmaceutical Corporation v. Anacor Pharmaceuticals, Inc., C.A. No. 8095-VCP, a case
involving interpretation of an arbitration clause that included an exception allowing
access to courts for injunctive relief. The court held that under the terms of the exception
a party was permitted to seek specific performance in court in lieu of arbitration of the
dispute, pointing out that arbitration was consensual and under the clear language of this
clause the court had no choice but to allow the suit to continue in court.
This case points out the danger of including specific performance as an exception to arbitration.
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