Vice Chancellor Donald F. Parsons Jr. held recently that parties to arbitration agreements must bring cross-claims for proportionate fault before the arbitration panel, or lose the chance per a Delaware statute governing joint tortfeasors.
In his Jan. 29 opinion that dismissed the cross-claims in the case GlobalLink Logistics Inc. v. Olympus Growth Fund III LP, Parsons noted there was no Delaware case law on point regarding the issue before him, which “addresses the interplay” between the Delaware Uniform Arbitration Act and the Delaware Uniform Contribution Among Tort-Feasors Law.
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