Travis Kalanick, former CEO of Uber, filed a document today arguing the case involving Benchmark Capital should move to arbitration. This filing reiterates Kalanick’s earlier argument that Benchmark’s claims are subject to mandatory arbitration and that the Delaware Chancery Court doesn’t have the jurisdiction to settle them.
In the filing, Kalanick’s lawyer argues that, “to allow Benchmark to proceed in this forum on its claims would contravene the express terms of Section 5.18 of the Voting Agreement and Delaware law, would turn the presumption in favor of arbitration on its head, and would expose the company to significant and unnecessary harm for no reason other than Benchmark’s desire to use this forum to publicly slander Mr. Kalanick with its fabricated allegations.”
Kalanick filed the claim with the American Arbitration Association. In the event that Judge Sam Glasscock rules in favor of arbitration, the case will move to behind closed doors. Otherwise, it’s deposition time.
Benchmark Capital sued Kalanick earlier this month, alleging the former Uber CEO had committed fraud, breach of contract and breach of fiduciary duty while trying to maintain control over the company. Benchmark’s lawsuit ultimately seeks to remove Kalanick from the board and make it so that Kalanick can never regain power at Uber.
Kalanick’s filing comes a day after Uber offered the chief executive position to Dara Khosrowshahi, the current CEO of Expedia. Judge Glasscock is expected to make his decision regarding arbitration as early as Wednesday.
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