Legal Opinion
James & Jackson, LLC. v. Willie Gary, LLC.
Supreme Court of Delaware
Decided March 14, 2006No. 59, 2006PublishedCited by 131 opinions
1Opinion of the Court
BERGER, Justice.
In this expedited appeal, we consider whether an issue of substantive arbitrability (a dispute over the scope of an arbitration provision) should be decided by an arbitrator or a court. The general rule, announced by the United States Supreme Court and followed by this Court, is that courts should decide questions of substantive arbitrability. There is an exception, however, when there is “clear and unmistakable evidence” that the parties intended otherwise. 1 The majority view in other jurisdictions is that, where the arbitration clause provides that the arbitration will be…
2Cases cited9 opinions
- First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
- Howsam v. Dean Witter Reynolds, Inc.Supreme Court of the United States · 2002
- Allied-Bruce Terminix Cos., Inc. v. DobsonSupreme Court of the United States · 1995
- CONTEC CORPORATION, Plaintiff-Counter-Defendant-Appellee, v. REMOTE SOLUTION CO., LTD., Defendant-Counterclaimant-AppellantCourt of Appeals for the Second Circuit · 2005
- Terminix International Co. LP v. Palmer Ranch Ltd. PartnershipCourt of Appeals for the Eleventh Circuit · 2005
4 more not listed; retrieve them via the Exa API.
3Cited by131 opinions
- Oracle America, Inc. v. Myriad Group A.G.Court of Appeals for the Ninth Circuit · 2013
- Feeley v. Nhaocg, LLCCourt of Chancery of Delaware · 2012
- Chicago Bridge & Iron Company N v. v. Westinghouse Electric Company and WSW Acquisition Co.Supreme Court of Delaware · 2017
- NAMA Holdings, LLC v. Related World Market Center, LLCCourt of Chancery of Delaware · 2007
- Haddock v. QuinnCourt of Appeals of Texas · 2009
126 more not listed; retrieve them via the Exa API.