BAYPO LTD. PARTNERSHIP v. TECHNOLOGY JV, LP

C.A. No. 2693-VCL.

940 A.2d 20 (2007)

BAYPO LIMITED PARTNERSHIP, Baypo I LLC, Baypo II LLC, and Bayer Corporation, Plaintiffs v. TECHNOLOGY JV, LP, PO Offtake LP, and Lyondell Chemical Company, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: October 2, 2007.


Attorney(s) appearing for the Case

A. Gilchrist Sparks, III, Esquire, Jay N. Moffitt, Esquire, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, DE, for the Plaintiffs.

Michael D. Goldman, Esquire, Kevin R. Shannon, Esquire, Bradley W. Voss, Esquire, Abigail M. LeGrow, Esquire, Potter Anderson & Corroon, LLP, Wilmington, DE; Paul R. Elliott, Esquire, Baker Botts, LLP, Houston, TX; George T. Shipley, Esquire, Shipley Snell Montgomery, LLP, Houston, TX, for the Defendants.


OPINION

LAMB, Vice Chancellor.

The plaintiffs in this action lost in arbitration based on contract language they claim does not reflect the agreement of the parties but instead (at least as interpreted by the arbitrators) is the result of mistake. The plaintiffs now seek to reform, the con tract, arguing that their claim for reformation is not subject to the otherwise broad arbitration clause governing the parties' commercial relationship. The defendants...

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