CSC Upshot Ventures I, L.P. v. Ghandi-Kapoor

Summary

The Court affirmed the Court of Chancery’s denial of Upshot’s motion to dismiss in favor of arbitration. It held that Upshot waived its contractual arbitration right by litigating the advancement proceeding for eleven months, participating in the merits and post-judgment proceedings, and invoking arbitration only after losing and facing sanctions. The Court declined to decide whether prejudice is independently required to establish waiver because the prejudice to Gandhi was substantial in any event.