In the recent decision of
Blackmon v. O3 Insight,
Inc., C.A. No. 2020-1014-SG (Del. Ch. Mar. 9, 2021), the
Delaware Court of Chancery held that the arbitrability of a
Delaware director's claim for advancement must be determined by
an arbitrator.
The Petitioner, Theodore Blackmon, is a director and stockholder
of respondent O3 Insight, Inc. (the "Company"), a
Delaware corporation. In September of 2020, the Company sued
Blackmon in Alabama alleging breach of his fiduciary duty to the
Company. The Certificate of Incorporation and Bylaws of the Company
provide for advancement following tender of an undertaking to
repay.
Blackmon filed an action in the Delaware Court of Chancery