Archive: March 7, 2019

CHANCERY COURT CONFIRMS LIMITED SCOPE OF AUTHORITY OF EXPERT-NOT-ARBITRATOR DISPUTE RESOLUTION PROVISIONS

Annette Becker and Caitlin Velasco

In Ray Beyond Corp. v. Trimaran Fund Management, L.L.C. and The Halifax Group, LLC, Memorandum Opinion, Civil Action No. 2018-0497-KSJM, the Court of Chancery denied a motion for judgment on the pleadings brought by Ray Beyond Corp. (“Buyer”) seeking to specifically enforce a dispute resolution provision referring an escrow dispute to an independent accounting firm as an “expert, not arbitrator” and the related counterclaims. The Court granted the motion for judgement on the pleadings brought by Buyer’s parent affiliate, The Halifax Group, LLC (“Halifax”) on Trimaran Fund Management, L.L.C.’s (“Seller”) third-party claim for tortious interference for refusing to execute a joint instruction to release escrow funds.

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