Journal of Business & Technology Law

Case	Israel Discount Bank of New York v. First State Depository Company, LLC
Court, State	Court of Chancery, Delaware
Date of Decision, Type of Case	10/31/2012, Arbitration
Case Number	No. 7237-VCL
Citation	Israel Discount Bank of New York v. First State Depository Company, LLC, C.A. No. 7237-VCP (Del. Ch. Oct. 31, 2012).

Facts Of Case	The defendants moved to dismiss the plaintiff’s complaint for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted. They argued that the parties signed binding arbitration agreements, and as such, the parties are bound to arbitrate the dispute. The court denied the defendants’ motion to dismiss and the defendants filed an application for certification of an interlocutory appeal of the ruling and order.

Holding	Trial court decisions on arbitrability do not meet the criteria for certification of an interlocutory appeal under Delaware Supreme Court Rule 42.

Court Reasoning	The court found that the order did not meet the requirements for certification of interlocutory appeal under Rule 42(b). In order to certify an interlocutory appeal, the order must "determine a substantial issue, establish a legal right, and meet one of five additional criteria enumerated in Rule 42." The court noted that rulings on arbitrability do not relate to the merits of the case and do not establish a substantial issue. The order also did not establish a legal right, as it merely postponed the decision until such a time that the court had more information. Though unnecessary, the court also found that the order did not meet the additional criteria listed in Rule 42. As such, the court denied the application for interlocutory appeal.

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