Substantive v. Procedural Arbitrability Addressed by Chancery Court
Brown v. T-Ink, LLC, 2007 WL 4302594 (Del. Ch., Dec. 4, 2007), read opinion here, ( Here is the court's revised opinion.) The Chancery Court engages here in one of the most extensive discussions of substantive arbitrability -- compared with procedural arbitrability -- since the decisions of the Chancery Court and Supreme Court last year in the Willie Gary case. Both parties and the court relied on and discussed extensively the Supreme Court’s affirmance of a Chancery Court decision last year in James & Jackson LLC v. Willie Gary, LLC, 906 A.2d 76 (Del. 2006). [The Supreme Court's decision was summarized here on this blog, and the Chancery Court decision was summarized here on this blog.]
