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OSI SYSTEMS, INC. v. INSTRUMENTARIUM CORP.

C.A. No. 1374-N.

892 A.2d 1086 (2006)

OSI SYSTEMS, INC., Plaintiff, v. INSTRUMENTARIUM CORPORATION, Defendant.

Court of Chancery of Delaware, New Castle County.

Decided: March 14, 2006.

Attorney(s) appearing for the Case

Peter J. Walsh, Jr., Kevin R. Shannon, Melony R. Anderson, Abigail M. LeGrow, Potter Anderson & Corroon, L.L.P., Wilmington, DE, for Plaintiff/Counterclaim Defendant.

Collins J. Seitz, Jr., Christos T. Adamopoulos, Connolly Bove Lodge & Hutz, L.L.P., Wilmington, DE; Joseph R. Guerra, Brian R. Matsui, Sidley Austin Brown & Wood, L.L.P., Washington, DC, for GE Healthcare Finland OY, as the successor-in-interest to Instrumentarium Corporation.

OPINION

STRINE, Vice Chancellor.

In this case, the buyer and seller in the sale of a business are dueling over the type of contractual arbitration that must be used to solve a disagreement between them. Each seeks judgment on the pleadings arguing that the purchase agreement plainly dictates a ruling in favor of arbitration of the kind it prefers.

In this opinion, I conclude that the buyer must use the...

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