motion to vacate pursuant to Court of Chancery Rule 12(b)(1). Y. For the foregoing reasons, the State’s motion to dismiss F & D’s entire Verified Petition pursuant to Court of Chancery Rule 12(b)(1) is GRANTED. IT IS SO ORDERED. 1 . In addition, 10 Del. C. § 5703(b) provides: Subject to subsection (c) of this section, a party who has not participated in the arbitration and who has not been made or served with an application to compel arbitration may file its complaint with the Court seeking to enjoin arbitration on the ground that a valid agreement was not made or has not been complied with or that the claim sought to be arbitrated is barred by limitation of § 5702(c). 2 . 10 Del. C. § 5703(b) and (c). 3 . See Weymouth v. State of Delaware, 1983 WL 17987, at *4 (Del.Ch. July 18, 1983) (<HOLDING>). 4 . 10 Del. C. § 5703(c). 5 . Emphasis added.
holding that a partys failure to follow the unequivocal mandate of 10 del c  5703c precludes that party from attempting to deny the plaintiff the opportunity to enjoin the arbitration holding that once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration holding that rookerfeldman precludes jurisdiction over a federal lawsuit to compel arbitration under the federal arbitration act because the action was inextricably intertwined with the plaintiffs failed statelaw action to compel arbitration under the louisiana arbitration act holding that a party attempting to compel arbitration must first establish that the dispute in question falls within the scope of a valid arbitration agreement holding that failure to follow mandatory provision of statute renders the act void whereas failure to follow directory provision does not