Legal Opinion
OSI Systems, Inc. v. Instrumentarium Corp.
Court of Chancery of Delaware
Decided March 14, 2006No. C.A. 1374-NPublishedCited by 47 opinions
1Opinion of the Court
OPINION
STRINE, Vice Chancellor.
In this case, the buyer and seller in the sale of a business are dueling over the type of contractual arbitration that must be used to solve a disagreement between them. Each seeks judgment on the pleadings arguing that the purchase agreement plainly dictates a ruling in favor of arbitration of the kind it prefers.
In this opinion, I conclude that the buyer must use the form of contractual arbitration designed to address claims for breach of representations and warranties and other contractual indemnity claims rather than a narrower form of arbitration that is…
2Cases cited7 opinions
- Desert Equities, Inc. v. Morgan Stanley Leveraged Equity Fund, II, L.P.Supreme Court of Delaware · 1993
- Parfi Holding AB v. Mirror Image Internet, Inc.Supreme Court of Delaware · 2002
- In Re Lukens Inc. Shareholders LitigationCourt of Chancery of Delaware · 1999
- Westmoreland Coal Co. v. Entech, Inc.New York Court of Appeals · 2003
- McMillan v. Intercargo Corp.Court of Chancery of Delaware · 2000
2 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Allied Capital Corp. v. GC-Sun Holdings, L.P.Court of Chancery of Delaware · 2006
- Chicago Bridge & Iron Company N v. v. Westinghouse Electric Company and WSW Acquisition Co.Supreme Court of Delaware · 2017
- Majkowski v. American Imaging Management Services, LLCCourt of Chancery of Delaware · 2006
- Silicon Graphics, Inc. v. ATI Technologies, Inc.Court of Appeals for the Federal Circuit · 2010
- David L. Banks v. Mackie H. BanksCourt of Chancery of Delaware · 2016
42 more not listed; retrieve them via the Exa API.