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VIACOM INTERN, INC. v. WINSHALL

No. 513, 2012.

72 A.3d 78 (2013)

VIACOM INTERNATIONAL INC., Plaintiff and Counterclaim Defendant Below, Appellant, v. Walter A. WINSHALL, in his capacity as the Stockholders' Representative, Defendant and Counterclaim Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: July 16, 2013.

Attorney(s) appearing for the Case

Stephen P. Lamb, Esquire , Paul, Weiss, Rifkind, Wharton & Garrison LLP, Wilmington, Delaware; Of Counsel: Leslie Gordon Fagen, Esquire and Robert A. Atkins, Esquire (argued), Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, New York; and John H. Longwell, Esquire , Paul, Weiss, Rifkind, Wharton & Garrison LLP, Washington, D.C. for Appellant.

Gregory V. Varallo, Esquire and Scott W. Perkins, Esquire , Richards, Layton & Finger, P.A., Wilmington, Delaware; William B. Chandler, III, Esquire , Wilson Sonsini Goodrich & Rosati, P.C., Georgetown, Delaware; Of Counsel: David M. Schiffman, Esquire (argued), Linton J. Childs, Esquire and Leah K. Holt, Esquire , Sidley Austin LLP, Chicago, Illinois for Appellee.

Before STEELE, Chief Justice, BERGER, JACOBS and RIDGELY, Justices and VAUGHN, President Judge, constituting the Court en Banc.

BERGER, Justice:

In this appeal we consider whether an arbitration determination should be vacated because the arbitrator refused to consider certain evidence and because the arbitrator lacked authority to decide whether a particular issue was arbitrable. In several similar cases, the Court of Chancery has resolved the arbitrability question inconsistently. In this case, the trial court held that neither claim provided a basis to vacate the arbitration determination...

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