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E.I.DU PONT DE NEMOURS v CONOCO Click to find out why . . .



Keywords & Phrases
CaseNo: C.A. No. 17,686, CourtCode: CC, CourtName: IN THE COURT OF CHANCERY OF E STATE OF DELAWARE, Plaintiff: E.I.DU PONT DE NEMOURS, State: DE Delaware, UniqueCaseRef: DE>CC>00017686, Arbitrator, Parties, Dupont, Agreement, Conoco, Tax, Potential Arbitrators, Appoint, Selection, Resolve, Disputes, Delaware, Duaa, Firm, Kbitration Provision, Tax Sharing, Jurisdictio, Chancery, Agreement Fails, Separation, Tions, Liabilities, Adjustments, Applicatio, Accounting Firm , ContentID: 120240551

Case Documents
1 1999-12-20 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 101486
7 pages
PDF
Total Documents: 1 document , 7 pages
Price: $ 19.95


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1 . COMPLAINT

EXTRACTED KEY WORDS
PARTIES
DUPONT
AGREEMENT
CONOCO
TAX
POTENTIAL ARBITRATORS
APPOINT
SELECTION
RESOLVE
DISPUTES
LAW
COURT
DELAWARE
DUAA
FIRM
KBITRATION PROVISION
TAX SHARING
JURISDICTIO
CHANCERY
AGREEMENT FAILS
BUSINESS
SEPARATION
TIONS
LIABILITIES
ADJUSTMENTS
APPLICATIO
ATTORNEY
MEMBER
ACCOUNTING FIRM
       IN THE COURT OF CHANCERY OF                    E STATE OF DELAWARE

                        IN AND FOR NEW CA             ,E COUNTY


E. I. DU PONT DE NEMOURS
& COMPANY,                                      ;>
                        PlaintZf,
                                                ;
        V.
                                                ;
CONOCO, MC.,

                        Defendant.              1


                                      COMPLA

                Plaintiff E. I. du Pont de Nemo       b Company ("DuPont"), as and for

its Complaint, by and through its undersigned         meys, hereby alleges, upon knowl-

edge as to itself and its own acts and upon infc      ttion and belief as to all other

matters, as follows:

                                     Summarvof

                1. This is an action pursua           1 Section 5704 of the Delaware

Uniform Arbitration Act (10 Del. C. !j 5704) (        [AA") requesting that the Court

appoint an arbitrator to resolve c,ertain dispute     it have arisen between DuPont and

Conoco, Inc. ("Cotmco"). While DuPont and             oco are parties to anagreement

that provides for such disputes to be arbitrated      : agreement does no4 specify how







                                                                       wow      W&P:90 000z-b0-z0
                              0 1



SNIPPETS:
  • that provides for such disputes to be arbitrated: agreement does no4 specify how
  • the arbitrator is to be selected and the parties hl ve been unable to mutually agree
  • DuPont is, a corporation organized under the laws of the State
  • Conoco is a corporation -ganized under the la% of the State
  • This COW has jurisdictio I over this matter under the DUAA,
  • $8 5702, Si 14), Section 5702 bestows jurisdiction on the Delaware Court of Chancery to enfo
  • DUAA Section 5704 provides that the Court o I complaint shall appoint an arbitrator where an
  • Cono~o's business operations were condu .ted by various entities owned
  • Separation Agreement dated as of October 2
  • tions through which the two corporations effec
  • "Parties") entered into a Tax Sharing
  • liabilities and adjustments with respect to t
  • or the interpretation or applicatio
  • "jointly retain" a tax attorney that is a member o nationally recogni+d law firm or
  • "big five" accounting firm which is ind
  • under applicable principles of conflicts law) as 40 all matters, including, without
  • of certain tax liabilities between the Parties, wh ch Conoco and DuPont have been
  • a member of a nationally recognized law firm 0.
  • meeting the criteria contained in the kbitration Provision ("Potential Arbitrators")
  • Delaware Court of Chancery to choose the Arbi:raltor from those ca.ixJidates with the
  • The Par&s are unable to agree on the selection of an Arbitmtor.
  •    |