Baypo Ltd. Partnership v. Technology Jv, Lp

OPINION

LAMB, Vice Chancellor.

The plaintiffs in this action lost in arbitration based on contract language they claim does not reflect the agreement of the parties but instead (at least as interpreted by the arbitrators) is the result of mistake. The plaintiffs now seek to reform the contract, arguing that their claim for reformation is not subject to the otherwise broad arbitration clause governing the parties’ commercial relationship. The defendants move to dismiss arguing, among other things, that the claims asserted are subject to arbitration.

In light of the recent decision of the Delaware…