In Nutzz.com, LLC. v. Vertrue Inc., (read opinion here), the Chancery Court ruled on several procedural issues that are important, practical summaries of Delaware law for a litigator to have handy in his or her "toolbox". A prior summary of a decision last year in this case, in which a preliminary injunction request was denied, was posted here.
Initially, the Court viewed an attempt to block an arbitration as a request for a permanent injunction, and recited the 3 basic prerequisites for that relief. Also addressed were the following issues:
(i) arbitrability (who decides and what issues are subject to arbitration. The Court and the parties relied heavily on the recent decision in the Willie Gary case, summarized here );
(ii) Delaware’s version of the Uniform Arbitration Act and procedural defenses, requirements and related issues;
(iii) waiver of right to arbitrate based on participation in litigation and discovery; and
(iv) judicial estoppel based on a party’s prior arguments in the same case.