Delaware Business Litigation Report

Court Of Chancery Applies Limitations Outside Of Arbitration

HBMA Holdings LLC v. LSF9 Stardust Holdings LLC, C.A. 12806-VCMR (December 8, 2017)

This decision illustrates the dangers of not following the limited contractual time to file a dispute and instead relying on an arbitration provision to resolve that dispute. Exactly what the arbitrator is going to resolve was not clear to the plaintiff who filed a complaint to cover any claims not subject to arbitration. However, that complaint was not filed within the time permitted by the parties’ agreement. Hence, the complaint was dismissed.

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