Search Results for: arbitrability

Chancery Addresses Recurring Arbitrability Issue

Shareholder Representative Services, LLC v. ExlService Holdings, Inc., C.A. No. 8367-VCG (Del. Ch., Aug. 27, 2013). This is yet another Chancery decision on the issue of arbitrability.  In essence, this Court of Chancery opinion addresses the substantive arbitrability of a claim but distinguished the seminal Delaware decision in the Willie Gary case, and ruled that despite … Continue Reading

Recurring Issue of Arbitrability Addressed

Aedicis Pharmaceutical Corp. v. Anacor Pharmaceuticals, Inc., C.A. No. 8095-VCP (Del. Ch. Aug. 13, 2013). What this case is about:  This decision is one of a multitude of Chancery opinions on the recurring issue of arbitrability.  This recent iteration includes a comprehensive overview of the many Chancery decisions that address both procedural arbitrability and substantive arbitrability.  … Continue Reading

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 … Continue Reading

Chancery Rules on Substantive Arbitrability and Integration Clauses Among Multiple Agreeements

Li v. Standard Fiber LLC, C.A. No. 8191-VCN (Del. Ch. March 28, 2013). This Court of Chancery opinion addressed a recurring theme in Delaware commercial litigation: substantive arbitrability.  That is, whether the court or an arbitrator should determine whether a particular claim is subject to an arbitration clause.  This opinion also addresses how multiple agreements, … Continue Reading

Chancery Decides Arbitrability Issue

Legend Natural Gas II Holdings, LP v. Hargis, C.A. No. 7213-VCP (Del. Ch. Sept. 28, 2012). This decision addresses the well-worn issue of arbitrability. Because this issue is so frequently the subject of Chancery decisions highlighted on these pages, I will point out only a few bullet points that are noteworthy for future reference: The … Continue Reading

Arbitrability of Fiduciary Duty Claims in Pennsylvania Law

We often review Delaware cases that address issues of arbitrability. For comparison purposes we bring you two recent decisions of the Pennsylvania Superior Court (the intermediate appellate court in the Keystone State), that addressed the issue of arbitrability in two companion cases involving the issue of whether breach of fiduciary duty claims against a trustee … Continue Reading

Chancery Rules on Waiver and Arbitrability

Halpern Medical Services, LLC v. Greary, Del. Ch., C.A. No. 6679-VCN (Feb. 17, 2012). Issues Addressed This case serves as a refresher on several issues that are frequently argued before the Court of Chancery: (1) the arbitrability of a claim under a contractual arbitration clause; (2) waiver of the right to invoke arbitration; and (3) … Continue Reading

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