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Summaries and analysis of recent Delaware court decisions concerning business-related litigation.
Morris James Blogs
The Court of Chancery Sends Advancement Case To Arbitration
This is another instance of the Court of Chancery addressing the overlap of advancement and the question of substantive arbitrability under Willie Gary. Here, the Court explains that once Willie Gary’s two-part test is satisfied and non-frivilous arguments exist in favor of arbitrability, the Court must defer the question of substantive arbitrability to the arbitrator. That the case is one involving advancement does not change the analysis.