Showing 2 posts in Stay of Prior Pending Actions.
This decision has an extensive discussion of when a Delaware court will stay a matter in favor of litigation in another forum. Its application of the McWane doctrine governing stays of second filed cases is particularly helpful. Under the circumstances of this case, a stay in favor of the foreign jurisdiction was warranted.Share
It is now established that a pending arbitration qualifies for purposes of applying Delaware’s law on when to stay a case in favor of a prior proceeding. This decision extends that law to enter a stay to let the arbitrator decide if he is going to deal with the issues in the later-filed Delaware case.Share