Supreme Court Addresses Substantive and Procedural Arbitrability Issues

Viacom International, Inc. v. Winshall, Del. Supr., No. 513, 2012 (July 16, 2013).

Issue addressed: The Supreme Court revisits the oft-discussed distinction between substantive and procedural arbitrability, as well as the related issue of whether the court or the arbitrator decides a particular issue. Also addressed is the high threshold that must be crossed to successfully challenge an arbitrator’s decision under the Federal Arbitration Act.

The Court of Chancery decision, which was affirmed, was highlighted on these pages here. The appeal features both a former chancellor and a former vice chancellor on opposite sides of the case.

Legions of cases involving similar issues of arbitrability have been discussed on these pages. Still, this 13-page decision is short enough to be read quickly for the latest pronouncement of Delaware law on this recurring topic.