The Delaware Court of Chancery, in Gulf LNG Energy, LLC, et al. v. ENI USA Gas Marketing, LLC, C.A. No. 2019-0460-AGB, memo. op. (Del. Ch. Dec. 30, 2019), found that although parties agreed to submit questions of arbitrability to an arbitrator, the Court retains authority to enjoin defendant from collaterally attacking a prior arbitration award through claims in a new arbitration, and Henry Schein, Inc., et al. v. Archer & White Sales, Inc., No. 17-1272, opinion (U.S. Jan. 8, 2019), did not overrule previous collateral attack authorities.
NEW: Law.com discusses the decision in The ‘Arbital Mulligan’—Who Gets to Grant One, the Courts or the Arbitrators?.
Morris James discusses the decision in Chancery Balances the Obligation to Defend an Arbitral Award from Collateral Attack with the Obligation to Defer to a Broad Agreement to Arbitrate.
Francis Pileggi discusses the decision in Chancery Applies SCOTUS Decision to Delaware Law of Arbitrability.