In a decision on April 18, 2005, the Court of Chancery reaffirmed that the scope of an arbitrator’s authority, in terms of what issues are to be decided by him pursuant to an arbitration agreement, are in the first instance for that arbitrator to determine. In CAPROC Manager, Inc. v. The Policeman and Firemen’s Retirement System of the City of Pontiac, Vice Chancellor Parsons initially granted injunctive relief to maintain the status quo pending a resolution of the issues before him. Among the issues between the parties were the selection of the proper manager of the LLC. The court relied on cases that required that the arbitration clause must state “an express provision excluding the dispute from the coverage of the arbitration clause…” Such clear language from the parties’ agreement was absent and therefore, the court declined to intervene. The opinion can be found here.