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Richard L. Renck, Duane Morris

The Delaware courts have been asked several times in the last few years to interpret contracting parties’ intent when they have relegated certain disputes to “an expert, not an arbitrator” as a form of alternative dispute resolution. On Jan. 29, the Delaware Court of Chancery issued the latest opinion on this topic in Ray Beyond  v. Trimaran Fund Management, C.A. No. 2018-0497-KSJM, and reiterated that such language will be construed as limiting the ADR professional’s jurisdiction to deciding “factual disputes within the decision-maker’s expertise” rather than binding legal determinations that would be made by a judicial officer.

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