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JAMES & JACKSON, LLC. v. WILLIE GARY, LLC.

No. 59, 2006.

906 A.2d 76 (2006)

JAMES & JACKSON, LLC, Defendant Below, Appellant, v. WILLIE GARY, LLC, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: March 14, 2006.

Attorney(s) appearing for the Case

Brian A. Sullivan, Esquire, and Amy D. Brown, Esquire, of Werb & Sullivan, Wilmington, Delaware, and William A. Brewer, III, Esquire, Michael J. Collins, Esquire (argued), Kenneth N. Hickox, Esquire, Candice S. Cook, Esquire, and Eric P. Haas, Esquire, of Bickel & Brewer, Dallas, Texas, for Appellant.

Francis G.X. Pileggi, Esquire (argued), Bernard G. Conaway, Esquire, Leslie B. Spoltore, Esquire and Sheldon K. Rennie, Esquire, of Fox Rothschild, LLP, Wilmington, Delaware, for Appellee.

Before STEELE, Chief Justice, HOLLAND and BERGER, Justices.

BERGER, Justice.

In this expedited appeal, we consider whether an issue of substantive arbitrability (a dispute over the scope of an arbitration provision) should be decided by an arbitrator or a court. The general rule, announced by the United States Supreme Court and followed by this Court, is that courts should decide questions of substantive arbitrability. There is an exception, however, when there is "clear and unmistakable...

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