KUHN CONSTRUCTION, INC
v.
DIAMOND STATE PORT CORPORATION and EUGENE BAILEY |
Kuhn Construction Company submitted the lowest bid to reconstruct a wharf for Diamond State Port Corporation, but later disputed construction and engineering plans. When DSPC's executive director asserted that their contract's referee clause allowed him to arbitrate disputes between the parties, Kuhn sued to enjoin arbitration. The Vice Chancellor granted DSPC's motions to dismiss and compel arbitration.
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...[W]e reverse the judgment of the Court of Chancery granting DSPC's motions to compel arbitration and to dismiss the complaint.
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| Court Name | | | DELAWARE SUPREME COURT |
| | | Judge | | | Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices |
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| | | Practice Area | | | Alternative Dispute Resolution -- Arbitration -- Scope of Arbitrability |
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| Local Counsel - Plaintiff | | | James S. Green, Sr., Seitz Van Ogtrop & Green, P.A., Wilmington, Delaware; Paul A. Logan, Powell, Trachtman, Logan, Carrle & Lombardo, P.C., King of Prussia, Pennsylvania |
| | | Local Counsel - Defendant | | | Donald E. Reid, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, Delaware |
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