A recent Delaware Court of Chancery opinion is noteworthy because it describes the impact of a recent decision of the United States Supreme Court on the Delaware law of arbitrability. In Gulf LNG Energy, LLC v. ENI USA Gas Marketing LLC, C.A. No. 2019-0460-AGB (Del. Ch. Dec. 30, 2019), the court also addressed two
United States Supreme Court Addresses Arbitrability
A recent decision of the United States Supreme Court addressed the frequently encountered issue of arbitrability—that is, whether a court or an arbitrator should decide whether or not a particular issue is subject to arbitration based on the arbitration clause in an agreement.
This decision is noteworthy because the issue often arises about how to
Chancery Grants Stay and Refers Indemnification Claims to Arbitrator to Determine Arbitrator’s Jurisdiction
An Eckert Seamans associate prepared this overview.
In Meyers v. Quiz-Dia LLC, C.A. No. 9878-VCL (Dec. 2, 2016), the Chancery Court stayed indemnification claims to determine whether they were arbitrable.
Background: This matter involves the perenial issue of arbitrability. Plaintiffs sued three Quiznos sandwich shop entities for indemnification and advancement pursuant to multiple agreements.
Chancery Orders Arbitration Pursuant to Email Agreement
Gomes v. Karnell, C.A. No. 11814-VCMR (Nov. 30, 2016)
An Eckert Seamans associate prepared this overview.
A recent Chancery Court opinion enforced an agreement to arbitrate based on an email exchange.
Background: This matter involves a dispute between three members of an LLC over the validity of an arbitration agreement. The parties owned multiple
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
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
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
Chancery Discusses Economic Loss Doctrine
Israel Discount Bank of New York v. First State Depository Co., C.A. 7237-VCP (Del. Ch. Sept. 27, 2012).
This case addresses the economic loss doctrine as well as the often discussed issue of arbitrability.
The court describes the economic loss doctrine as one “which prohibits a party from recovering in tort for economic losses, the
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
Chancery Rejects Challenge to Arbitration Decision
Pryor v. IAC/InterActiveCorp., C.A. No. 6884-CS (Del. Ch. June 7, 2012).
Issues Presented: (1) Whether the challenge to an arbitration award via a Chancery complaint was timely; and (2) Whether a collateral attack of the award was permissible.
Short Answer: The Court dismissed the complaint as untimely and any related issues would be