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Court of Chancery Explains Difference Between Experts and Arbitrators Under Delaware Law

Penton Business Media Holdings LLC v. Informa PLC, C.A. No. 2017-0847-JTL (Del. Ch. July 9, 2018) - This decision explains the difference between agreeing to have a dispute decided by an expert rather than an arbitrator. ...more

Court Of Chancery Applies Limitations Outside Of Arbitration

HBMA Holdings LLC v. LSF9 Stardust Holdings LLC, C.A. 12806-VCMR (December 8, 2017) - This decision illustrates the dangers of not following the limited contractual time to file a dispute and instead relying on an...more

Court Of Chancery Enforces Arbitration Clause Despite Designated Arbitrator’s Unavailability

In re Good Technology Corporation Stockholder Litigation, C.A. No. 11580-VCL (Oct. 27, 2017) - This decision resolves a unique dilemma: what to do when the contracting parties agree to an arbitration clause designating a...more

Court Of Chancery Reviews When To Vacate An Arbitration Award

Carl Zeiss Vision LLC v. Refac Holdings, Inc., C.A. 11513-VCS (August 24, 2017) - This is another decision explaining the narrow circumstances when the Court of Chancery will vacate an arbitration award. It is very hard to...more

The Court Of Chancery Addresses Conflicting Forum And Arbitration Provisions In Related Contracts

The Court of Chancery often addresses the question of who, as between the Court and an arbitrator, should decide whether certain disputes are arbitrable. The analysis of this substantive arbitrability question is complicated...more

Court of Chancery Addresses Effect Of Carve-Outs On The Question Of Substantive Arbitrability

This case involves the overlap of an advancement dispute and the question of substantive arbitrability under Willie Gary. The two-part test of Willie Gary asks whether the parties (i) generally referred all disputes to...more

The Court of Chancery Sends Advancement Case To Arbitration

This is another instance of the Court of Chancery addressing the overlap of advancement and the question of substantive arbitrability under Willie Gary. Here, the Court explains that once Willie Gary’s two-part test is...more

Court Of Chancery Explains Law Of Issue Preclusion In Arbitration

This decision addresses issues that may arise when there are successive arbitrations involving the same basic set of facts, if different parties. It concludes that when engaging in the limited judicial review which asks...more

Court of Chancery Explains When Contract Bars Tort Claims and Arbitration

This is a great decision on when the provisions of a contract bar tort claims of fraud and tortious interference. Briefly, when the contract speaks to an issue (e.g., expressly permitting certain acts, or imposing no duty to...more

Court Of Chancery Explains When To Not Enjoin Arbitration

This is another in a line of decisions that explains when the issue of arbitrability should be sent to the arbitrator to decide. ...more

Court Of Chancery Decides If Arbitration Required When Arbitration Clause Not In One Of Two Contracts

When only one of two related contracts has an arbitration clause, the Court can still require arbitration of a dispute under the contract lacking that clause. The question is whether the two contracts deal with the same...more

Court Of Chancery Explains Arbitration Timelines

This decision explains the timelines for seeking to vacate an arbitration award. It illustrates that an arbitration proceeding has its own rules that the parties better understand or lose their rights....more

Court Of Chancery Limits Scope Of Review Under ADR Clause

Not infrequently, the parties to a complicated contract include a contractual provision on how to resolve any later disputes. For example, it is common to agree to use an accounting firm to resolve accounting disputes, such...more

Court Of Chancery Accepts Merger Price In Appraisal Action

When the merger price is the product of a full market check by a disinterested Board without interference from a controller and is approved by the stockholders, the Court of Chancery is inclined to give that price weight in...more

Court Of Chancery Explains The Continuing Wrong Doctrine

It is settled law that a cause of action accrues when the wrong is committed, not when its effects continue to be felt in the future. But as this decision makes clear, that is not always the case. When additional wrongdoing...more

Court Of Chancery Defers To Arbitrator

It is now established that a pending arbitration qualifies for purposes of applying Delaware’s law on when to stay a case in favor of a prior proceeding. This decision extends that law to enter a stay to let the arbitrator...more

A Delaware Rapid Arbitration Act Primer

Delaware has enacted the Delaware Rapid Arbitration Act, which is intended to address the increasing costs and delays associated with traditional arbitration of business disputes. Originally published in the Delaware...more

Supreme Court Applies McWane To Arbitration

For the first time, the Delaware Supreme Court held that an arbitration proceeding qualifies as a having been first filed, warranting dismissal of a later filed suit under the McWane doctrine on forum selection. ...more

4/17/2015  /  Arbitration , DE Supreme Court

Court Of Chancery Explains How Hard It Is To Appeal Arbitration Order

This decision explains how hard it is to appeal an order staying litigation in favor of arbitration. Even when there are some good arguments over whether the dispute is subject to arbitration, the Supreme Court precedent...more

New Arbitration Act Prepared

The Delaware State Bar Association has prepared a new “Delaware Rapid Arbitration Act.” The DRAA is designed to address the current problems with costs and delays that infect many arbitrations....more

Court Of Chancery Upholds Arbitration Clause In LLC Agreement After Conversion

This is an interesting decision because it deals with whether an LLC agreement requiring arbitration may be enforced even after the LLC was converted into a corporation that lacks such an arbitration clause....more

Court Of Chancery Upholds Arbitration Clause In Breach Of Fiduciary Duty Case

This decision enforces an arbitration clause in an LLC agreement even when the claim asserted a breach of fiduciary duty. While not surprising in itself, the decision may also have broader implications about whether a...more

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