Superior Court Holds Merger Agreement Provision is an Arbitration Provision Despite References to the Decision-Maker as an Expert

S’holder Representative Servs. v. Bristol-Myers Squibb Co., C.A. No. 2024-1246-PAW (Del. Super. Sept. 29, 2025) - Under the parties’ merger agreement, the plaintiff (a representative of the sellers) was to receive additional compensation upon occurrence of certain milestone events. At issue was whether the first milestone event had been reached, which would occur upon the first clinical trial of a product. The defendants argued that the parties’ agreement mandated arbitration to decide whether... By: Morris James LLP