Parfi Holding AB v. Mirror Image Internet, Inc.

BERGER, Justice:

This is the second appeal in a derivative action that has yet to be considered on its merits. In the first appeal, this Court reversed the trial court’s determination that appellants’ breach of fiduciary duty claims were subject to arbitration in Sweden. During the four years thereafter, appellants failed to initiate the damages phase of the Swedish arbitration. Because the trial court had entered a stay of the Delaware action, there was no substantive progress on those claims, either. In the end, the complaint was dismissed because appellants’ counsel had been permitted to…