The Delaware Court of Chancery, in The Chemours Co. v. DowDuPont, Inc., et al., C.A. No. 2019-0351-SG, memo. op. (Del. Ch. Mar. 30, 2020), dismissed a spun-off subsidiary’s claims against its former parent’s successor in favor of arbitration, rejecting the subsidiary’s argument that it could not have assented to be bound by the spinoff agreement’s arbitration provisions because it was controlled by its parent.
NEW: Skadden Arps discusses the decision in Court of Chancery Dismisses Consent and Unconscionability Claims Challenging Contract Between Parent and Wholly Owned Subsidiary.
Morris James discusses the decision in Chemours v. DowDuPont: Chancery Requires Subsidiary to Arbitrate Separation Agreement Dispute with Parent Despite the Subsidiary’s Lack of “Real World” Consent to the Separation Agreement.
Legal Newsline discusses the decision in Arbitration ordered after Chemours split off from DuPont and sued it.
Cleary Gottlieb discuss the decision in Don’t Bite the Hand that Feeds You: Delaware Court of Chancery Holds Spin-Offs Are Not Unconscionable.
The Washington Post discusses the decision in Judge dismisses Chemours lawsuit against DuPont.
Courthouse News Service discusses the decision in DuPont Ducks Suit From Entity Spun Off to Handle Chemical Liabilities.
Delaware Business Now discusses the decision in Chancery Court dismisses Chemours suit against DuPont.