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6 Delaware opinions name it 3 courts 2014–2026 1 in the last five years
The cases below were cited by Delaware courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
James & Jackson, LLC. v. Willie Gary, LLC.green2 sentences2026Specifically, Rule 7(a) empowers arbitrators to decide arbitrability. 76 Given this, substantive arbitrability is for the arbitrators to decide. 73 Id. at 68 . 74 906 A.2d 76, 80 (Del. 2006). 75 SA, Art. 13(A). 76 AAA Commercial Arbitration Rule R–7(a) (“The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim, without any need to refer such matters first to a court.”), https://www.adr.org/media/ueonklrv/2026_commercial- 2016In other words, our case law recognizes that litigants’ economy demands that, even where the parties contracted 3 906 A.2d 76 (Del. 2006). 4 See AAA Commercial Arbitration Rules and Mediation Procedures, available at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTG_004103&revision=latestreleas ed, at Rule R-7(a) (“The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.”). 5 The arbitration provision covers only | 1 | 2 |
United States v. United Mine Workers of Americagreen2 sentences2018Ch. 1989) ). 12 A.L.R. 2d 1059 § 6 (1950) ("[A] court possesses the power of hearing and determining the question of its jurisdiction, and may while so doing, require the parties to preserve the status of the subject matter, and may punish for contempt disobedience of its temporary restraining order." (citing Pitcock v. State , 91 Ark. 527 , 121 S.W. 742 , 744-45 (1909) ) ); see also United States v. United Mine Workers of Am. , 330 U.S. 258 , 293, 67 S.Ct. 677 , 91 L.Ed. 884 (1947) ("[T]he District Court had the power to preserve existing conditions while it was determining its own authority 2018Ch. 1989) ). 12 A.L.R. 2d 1059 § 6 (1950) ("[A] court possesses the power of hearing and determining the question of its jurisdiction, and may while so doing, require the parties to preserve the status of the subject matter, and may punish for contempt disobedience of its temporary restraining order." (citing Pitcock v. State , 91 Ark. 527 , 121 S.W. 742 , 744-45 (1909) ) ); see also United States v. United Mine Workers of Am. , 330 U.S. 258 , 293, 67 S.Ct. 677 , 91 L.Ed. 884 (1947) ("[T]he District Court had the power to preserve existing conditions while it was determining its own authority | 1 | 1 |
Parfi Holding AB v. Mirror Image Internet, Inc.green1 sentence2017Each of the agreements at issue, moreover, incorporates a set of arbitration rules empowering the arbitrator to decide arbitrability, albeit a different arbitrator.45 In the face of such dueling arbitration clauses, I cannot discern 44 2007 WL 148751 , at *13 (quoting Parfi Holding AB v. Mirror Image Internet, Inc., 817 A.2d 149, 156 (Del. 2002)). 45 AAA Commercial Arbitration Rule R-7(a) gives the arbitrator “the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any c | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rent-A-Center, West, Inc. v. Jackson
green
1 sentence2026Specifically, Rule 7(a) empowers arbitrators to decide arbitrability. 76 Given this, substantive arbitrability is for the arbitrators to decide. 73 Id. at 68 . 74 906 A.2d 76, 80 (Del. 2006). 75 SA, Art. 13(A). 76 AAA Commercial Arbitration Rule R–7(a) (“The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim, without any need to refer such matters first to a court.”), https://www.adr.org/media/ueonklrv/2026_commercial- | 1 | 2026–2026 |
Pitcock v. State
green
2 sentences2018Ch. 1989) ). 12 A.L.R. 2d 1059 § 6 (1950) ("[A] court possesses the power of hearing and determining the question of its jurisdiction, and may while so doing, require the parties to preserve the status of the subject matter, and may punish for contempt disobedience of its temporary restraining order." (citing Pitcock v. State , 91 Ark. 527 , 121 S.W. 742 , 744-45 (1909) ) ); see also United States v. United Mine Workers of Am. , 330 U.S. 258 , 293, 67 S.Ct. 677 , 91 L.Ed. 884 (1947) ("[T]he District Court had the power to preserve existing conditions while it was determining its own authority 2018Ch. 1989) ). 12 A.L.R. 2d 1059 § 6 (1950) ("[A] court possesses the power of hearing and determining the question of its jurisdiction, and may while so doing, require the parties to preserve the status of the subject matter, and may punish for contempt disobedience of its temporary restraining order." (citing Pitcock v. State , 91 Ark. 527 , 121 S.W. 742 , 744-45 (1909) ) ); see also United States v. United Mine Workers of Am. , 330 U.S. 258 , 293, 67 S.Ct. 677 , 91 L.Ed. 884 (1947) ("[T]he District Court had the power to preserve existing conditions while it was determining its own authority | 1 | 2018–2018 |
McLaughlin v. McCann
green
1 sentence2015The Court in McLaughlin found that arbitrability was to be decided by the arbitrator because the arbitration clause there provided ―for arbitration of a wide array of potential claims.‖14 Here, the Arbitration Clauses provide for the widest array of potential claims—that is, ―[a]ny dispute or controversy arising under, or out of, or in connection with or in relation to this Agreement . . . .‖ Moreover, the Arbitration Clauses provide that the arbitration will be conducted ―in accordance with the rules then applicable of the American Arbitration Association.‖ In this regard, I note that the AAA | 1 | 2015–2015 |
GTSI CORP. v. Eyak Technology, LLC
green
2 sentences2014The AAA Rules provide that “[t]he arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or 35 Id.; GTSI Corp. v. Eyak Tech., LLC, 10 A.3d at 1120 . 36 James & Jackson, LLC v. Willie Gary, LLC at 80 . 37 GTSI Corp. v. Eyak Tech., LLC, 10 A.3d at 1120 . 38 “Because a motion to dismiss based on an arbitration clause goes to the Court’s subject matter jurisdiction, the Court may consider documents outside the complaint in deciding the motion.” Behm v. Am. 2014The AAA Rules provide that “[t]he arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or 35 Id.; GTSI Corp. v. Eyak Tech., LLC, 10 A.3d at 1120 . 36 James & Jackson, LLC v. Willie Gary, LLC at 80 . 37 GTSI Corp. v. Eyak Tech., LLC, 10 A.3d at 1120 . 38 “Because a motion to dismiss based on an arbitration clause goes to the Court’s subject matter jurisdiction, the Court may consider documents outside the complaint in deciding the motion.” Behm v. Am. | 1 | 2014–2014 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.