Delaware Business Litigation Report

Supreme Court Applies McWane To Arbitration

LG Electronics Inc. v. Interdigital Communications Inc., No. 465, 2014 (April 14, 2015) For the first time, the Delaware Supreme Court held that an arbitration proceeding qualifies as a having been first filed, warranting dismissal of a later filed suit under the McWane doctrine on forum selection. The facts here are somewhat unusual, but the decision has broad implications, particularly when the actual dispute was over the interpretation of a contract that did not have an arbitration clause.

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