Document: Aveta Inc., et al. v. Bengoa, C.A. No. 3598-VCL, Lamb, V.C. (Del. Ch. Dec. 11, 2008)

The Court of Chancery granted plaintiffs’ motion for judgment on the pleadings and ordered the parties to arbitrate all claims at issue regarding certain post-closing adjustment payments associated with a merger and stock purchase agreement between the parties.  The parties differed as to the adequacy of accounting information provided, leading plaintiffs to bring suit to compel dispute resolution by a reviewing accountant as provided in the merger agreement.  The Court found that the documentation issues in dispute fell within the merger agreement’s arbitration clauses, and that matters of procedural arbitrability, like the failure to deliver required documentation, were to be left for the arbitrator to determine.