McLaughlin v. McCann

OPINION

STRINE, Vice Chancellor.

I. Introduction

This dispute involves the familiar small business deal gone bad story. The agreement underlying the transaction contains an arbitration clause that one side of the transaction wishes to enforce and the other side wishes to avoid. The particular issue addressed in this decision is who — this court or an arbitrator — should decide whether and to what extent the. parties’ claims should be arbitrated. Because I find that the arbitration clause at issue provides clear and unmistakable evidence of the parties’ intent to arbitrate arbitra-bility through…