IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
DRESSER INDUSTRIES, INC., a 1
Delaware Corporation, >
>
Plaintiff, >
>
V. ) Civil Action No. 16967
>
GLOBAL INDUSTRIAL TECHNOLOGIES, )
INC., a Delaware Corporation, >
>
Defendant. >
MEMORANDUM OPINION
Date Submitted: June 4, 1999
Date Decided: June 9, 1999
Date Corrected: June 11, 1999
Henry N. Herndon, Jr., Esquire, Joseph C. Schoell, Esquire, of MORRIS, JAMES,
HITCHENS & WILLIAMS, Wilmington, DE; OF COUNSEL: Donald E. Godwin,
Esquire, David L. Patterson, Esquire, Kenneth W. Rockenbach, Esquire, of
GODWIN WHITE & GRUBER, Dallas, Texas, Attorneys for Plaintiff.
A. Gilchrist Sparks, III, Esquire, Alan J. Stone, Esquire, S. Mark Hurd, Esquire, of
MORRIS NICHOLS ARSHT & TUNNELL, Wilmington, DE; OF COUNSEL:
Mark F. Rosenberg, Esquire, David Gaukrodger, Esquire, of SULLIVAN &
CFLOM`WELL, New York, New York, Attorneys for Defendant.
S`IRINE, Vice Chancellor
Plaintiff Dresser Industries, Inc. ("Dresser"), a Delaware corporation,
seeks to enjoin an arbitration of certain claims (the "Claims") asserted
against Dresser by defendant Global Industries Technologies, Inc.
("Global"), another Delaware corporation. Dresser contends that most of the
Claims Global wishes to arbitrate are barred by the applicable statute of
limitations and that the remaining claim is not ripe for adjudication (the
SNIPPETS:
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
Henry N. Herndon, Jr., Esquire, Joseph C. Schoell, Esquire, of MORRIS, JAMES, HITCHENS &
Gilchrist Sparks, III, Esquire, Alan J. Stone, Esquire, S. Mark Hurd, Esquire, of MORRIS
Plaintiff Dresser Industries, Inc., a Delaware corporation,
against Dresser by defendant Global Industries Technologies,
Dresser thus seeks to have this court consider the Defenses
and declare that the Defenses bar arbitration of Global's Claims.
Under the FAA, arbitrators are empowered to decide whether
"Agreement") dated July 17, 1992.'
' The Agreement is integral to Dresser's claim and is referred to repeatedly in the complaint.
All other facts are drawn exclusively from the complaint.
Agreement contains a "Governing Law" provision,
This is the Claim Dresser contends is not ripe.
If the parties are not successful in resolving the dispute through the mediation by the end
The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. 5 1- 16, and
On February 18, 1999, Dresser brought suit here seeking an injunction
complaint in the plaintiffs favor.
In re USACAFES, L.P. Litig., Del.
Vice Chancellor Steele held that this court had subject
No such rule is relevant to the Agreement, to the contrary, the applicable CPR Rules go so
Defendants moved to stay this action because they allege it
In this Delaware action the directors of defendant-R K 0 General,
This is an action by Plaintiff Apple Computer,
' In its capacity as Exponential shareholder,
ratification would moot Apple's patent sale claim.
Apple claims that the litigation support agreements constitute gift or waste.
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