Legal Opinion

Viacom International Inc. v. Winshall

Supreme Court of Delaware

Decided July 16, 2013No. 513, 2012PublishedCited by 27 opinions

1Opinion of the Court

BERGER, Justice:

In this appeal we consider whether an arbitration determination should be vacated because the arbitrator refused to consider certain evidence and because the arbitrator lacked authority to decide whether a particular issue was arbitrable. In several similar cases, the Court of Chancery has resolved the arbitrability question inconsistently. In this case, the trial court held that neither claim provided a basis to vacate the arbitration determination. We agree and affirm.

Factual and Procedural Background

This dispute arises out of a 2006 Agreement and Plan of Merger (Merger…

2Cases cited8 opinions

  1. John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964
  2. Century Indemnity Co. v. Certain Underwriters at Lloyd's, LondonCourt of Appeals for the Third Circuit · 2009
  3. In the Matter of the Arbitration Between Tempo Shain Corporation Neptune Plus Corporation v. Bertek, Inc.Court of Appeals for the Second Circuit · 1997
  4. Forsythe International, S.A. v. Gibbs Oil Company of TexasCourt of Appeals for the Fifth Circuit · 1990
  5. Hoteles Condado Beach, La Concha and Convention Center v. Union De Tronquistas Local 901Court of Appeals for the First Circuit · 1985

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3Cited by27 opinions

  1. Cigna Health and Life Insurance Company v. Audax Health Solutions, Inc.Court of Chancery of Delaware · 2014
  2. Agiliance, Inc. v. Resolver SOAR, LLCCourt of Chancery of Delaware · 2019
  3. Archkey Intermediate Holdings Inc. v. MonaCourt of Chancery of Delaware · 2023
  4. CLP Toxicology, Inc. v. Casla Bio Holdings LLCCourt of Chancery of Delaware · 2021
  5. Channel PES Acquisition Co., LLC v. Heritage-Crystal Clean, Inc.Superior Court of Delaware · 2024

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