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L-R Francis Pileggi and Chauna Abner, Eckert Seamans Cherin & Melott. L-R Francis Pileggi and Chauna Abner, Eckert Seamans Cherin & Melott.

Amidst the COVID-19 pandemic, the Delaware Court of Chancery recently held that despite a forum selection clause designating New York as the appropriate venue to litigate disputes arising under an agreement, the parties could seek relief in the Court of Chancery because New York courts were unavailable. See Conduent Business Services v. Skyview Capital, C.A. No. 2020-0232-JTL, Transcript Ruling, at **33-34 (Del. Ch. Mar. 30, 2020).

In Conduent Business Services, the complaint asserted an anticipatory breach of an asset purchase agreement and sought a declaratory judgment interpreting the terms of the agreement. That agreement had a forum selection clause designating New York as the forum to litigate disputes arising from the contract. Before the court was plaintiff’s motion for expedited proceedings.

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