Tag Archives: arbitrability

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.  Plaintiffs … Continue Reading

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 business ventures … 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

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 entitlement to which flows only from a … 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

Chancery Rules on Perennial Dispute: Who Decides Issue of Substantive Arbitrability–Court or Abitrator?

GTSI Corp. v. Eyak Technology, LLC, C.A. No. 5815-VCL (Del. Ch. Nov. 15, 2010), read opinion here. Issue Presented The limited issue presented in this Delaware Court of Chancery opinion is a perennial corporate litigation conundrum that has been the subject of many case summaries on this blog, and that is: Who decides the issue … Continue Reading

Chancery Recites Prerequisites for Preliminary Injunction and Enjoins Arbitration of Claims

 In HDS Investment Holding, Inc. v. The Home Depot, Inc., (Del. Ch., Oct. 17, 2008), read opinion here, the Chancery Court (for the second time in about a week in two unrelated cases), decided that the agreement between the parties required the court to decide certain contractual issues, and enjoined an attempt by one of … Continue Reading