3850 & 3860 Colonial Blvd., LLC v. Griffin

3850 & 3860 Colonial Blvd. LLC acquired an interest in Rubicon Media, LLC, a limited liability company controlled by Christopher Griffin. Griffin carried out a recapitalization of Rubicon LLC, which gave rise to Colonial’s principal claims. Rubicon LLC’s operating agreement required arbitration. Griffin later converted Rubicon LLC into Rubicon Media, Inc. At issue in this case was whether Colonial was obligated to arbitrate or whether creation of Rubicon Media as the LLC’s successor - with a charter providing exclusively for litigation - eliminated any right or duty to arbitrate. In a letter opinion, the Court of Chancery stayed proceedings pending arbitration, specifically awaiting resolution of the question of substantive arbitrability. Colonial sought certification of an interlocutory appeal of that order. The Court rejected Colonial’s application for certification of an interlocutory appeal, holding that there was an arguable basis for arbitration that raised a question for resolution in the arbitration forum. View "3850 & 3860 Colonial Blvd., LLC v. Griffin" on Justia Law