GERMANINVESTMENTS AG v. ALLOMET CORP.

No. 291, 2019.

225 A.3d 316 (2020)

GERMANINVESTMENTS AG, and Richard Herrling, individually and on behalf of AHMR GmbH, Plaintiffs-Below, Appellants, v. ALLOMET CORPORATION, and Yanchep, LLC, Defendants-Below, Appellees.

Supreme Court of Delaware.

Decided: January 27, 2020.


Attorney(s) appearing for the Case

R. Craig Martin, Esquire , (argued) Kelly L. Freund, Esquire , DLA Piper LLP, Wilmington, Delaware for Appellants.

John P. DiTomo, Esquire , (argued) Ryan D. Stottmann, Esquire , Coleen W. Hill, Esquire , Morris, Nichols, Arsht & Tunnell LLP, Wilmington, Delaware for Appellees.

Before SEITZ, Chief Justice; VALIHURA and TRAYNOR, Justices.


In this case, we consider whether the Court of Chancery correctly determined that a provision in a Restructuring and Loan Agreement between the parties (the "R&L Agreement") is a mandatory, as opposed to a permissive, forum selection clause. That clause reads: "The agreement is subject to Austrian law. The place of jurisdiction...

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