Reed Smith Client Alerts

Two recent decisions from the Delaware Court of Chancery, issued only four days apart—Agiliance, Inc. v. Resolver SOAR, LLC and Ray Beyond Corp. v. Trimaran Fund Management, LLC—represent the most recent development under Delaware law analyzing “expert-not-arbitrator” dispute resolution provisions.

The Court of Chancery’s decisions in Agiliance and Ray Beyond build on other recent Delaware state court decisions analyzing whether dispute resolution provisions require an expert determination or arbitration, including the Delaware Supreme Court’s decision in Chicago Bridge & Iron Co. N.V. v. Westinghouse Elec. Co. LLC and, more recently, the Court of Chancery’s decision in Penton Business Media Holdings, LLC v. Informa PLC.

Collectively, the analysis and reasoning in Agiliance, Ray Beyond, Chicago Bridge, and Penton provides substantial guidance to commercial parties and practitioners regarding important dispute resolution issues determined under Delaware law, which governs a substantial percentage of commercial transactions worldwide.