Delaware Business Litigation Report

Court Of Chancery Denies Arbitration Of Post Merger Dispute

Avnet Inc. v H.I.G. Source, Inc., C.A. 5266-VCP (September 29, 2010)

In this definitive review of when post merger arbitration is required, the Court held that it would determine the issue of arbitrability, not the arbitrator. While affected by the gross delay in seeking arbitration, the decision is noteworthy more for its careful analysis of the case law dealing with such merger agreements and the types of disputes they submit to arbitration.

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