Twitter wants a Delaware court to order Elon Musk to buy the social media service for $44 billion, as he promised back in April. But what if a judge makes that ruling and Musk balks?

The Tesla billionaireB次元官网网址檚 reputation for dismissing government pronouncements has some worried that he might flout an unfavorable ruling of the Delaware Court of Chancery, known for its handling of high-profile business disputes.

Musk hopes to win the case thatB次元官网网址檚 headed for an October trial. HeB次元官网网址檚 scheduled to be deposed by Twitter attorneys starting Thursday.

But the consequences of him losing badly B次元官网网址� either by an order of B次元官网网址渟pecific performanceB次元官网网址� that forces him to complete the deal, or by walking away from Twitter but still coughing up a billion dollars or more for breach of contract B次元官网网址� has raised concerns about how the Delaware court would enforce its final ruling.

B次元官网网址淭he problem with specific performance, especially with Elon Musk, is that itB次元官网网址檚 unclear whether the order of the court would be obeyed,B次元官网网址� retired Delaware Supreme Court Justice Carolyn Berger told CNBC in July. B次元官网网址淎nd the courts in Delaware B次元官网网址� courts all over B次元官网网址� are very concerned about issuing a decision or issuing an order that then is ignored, flouted.B次元官网网址�

Berger, who was also a vice chancellor of the Chancery Court in the 1980s and 1990s, stood by those concerns in an interview with The Associated Press but said she doubted the Delaware institution would go so far as to make him complete the deal.

B次元官网网址淭he court can impose sanctions and the court can kind of coerce Musk into taking over the company,B次元官网网址� she said. B次元官网网址淏ut why would the court do that when what really is at stake is money?B次元官网网址�

Berger said she expects Twitter to prevail, but said a less tumultuous remedy for the company and its shareholders would make Musk pay monetary damages. B次元官网网址淭he court doesnB次元官网网址檛 want to be in a position to step in and essentially run this company,B次元官网网址� she said.

Musk and his lawyers didnB次元官网网址檛 respond to requests for comment.

Other legal observers say such defiance is almost impossible to imagine, even from a famously combative personality such as Musk. He acknowledged he might lose in August in explaining why he suddenly sold nearly $7 billion worth of Tesla shares.

B次元官网网址淚 take him at his word,B次元官网网址� said Ann Lipton, an associate law professor at Tulane University. B次元官网网址淗e wants to win. Maybe heB次元官网网址檚 got his own judgment as to what the odds are. But heB次元官网网址檚 also being sort of practical about this. HeB次元官网网址檚 getting some cash ready so he doesnB次元官网网址檛 have to dump his Tesla shares if it turns out he is ordered to buy the company.B次元官网网址�

A ruling of specific performance could force Musk to pay up his $33.5 billion personal stake in the deal; the price increases to $44 billion with promised financing from backers such as Morgan Stanley.

The Delaware court has powers to enforce its orders, and could appoint a receivership to seize some of MuskB次元官网网址檚 assets, namely Tesla stock, if he doesnB次元官网网址檛 comply, according to Tom Lin, a law professor at Temple University.

The court has made such moves before, such as in 2013 when it held Chinese company ZTS Digital Networks in contempt and appointed a receiver with power to seize its assets. But after coercive sanctions didnB次元官网网址檛 work, the receiver asked the court five years later to issue bench warrants calling for the arrest of two senior executives the next time they visited the U.S.

Speculation that Musk could be threatened with jail time for failing to comply with a ruling is unrealistic, said Berger. B次元官网网址淎t least, not for the Court of Chancery,B次元官网网址� said the former judge. B次元官网网址淭hatB次元官网网址檚 not the way the court operates.B次元官网网址�

But more important, Lin said MuskB次元官网网址檚 legal advisers will strongly urge him to comply with the rulings of a court that routinely takes cases involving Tesla and other firms incorporated in the state of Delaware.

B次元官网网址淚f you are an executive at a major American corporation incorporated in Delaware, itB次元官网网址檚 very hard for you to do business and defy the chancery courtB次元官网网址檚 orders,B次元官网网址� Lin said.

Concerns about MuskB次元官网网址檚 compliance derive from his past behavior dealing with various arms of the government. In a long-running dispute with the U.S. Securities and Exchange Commission, he was accused of defying a securities fraud settlement that required that his tweets be approved by a Tesla attorney before being published. He publicly feuded with California officials over whether TeslaB次元官网网址檚 electric car factory should remain shut down during the early stages of the COVID-19 pandemic.

HeB次元官网网址檚 also taken a combative approach in Delaware Chancery Court, calling an opposing attorney a B次元官网网址渂ad human beingB次元官网网址� while defending TeslaB次元官网网址檚 2016 acquisition of SolarCity against a lawsuit that blamed Musk for a deal rife with conflicts of interest and broken promises. He and his lawyers have other Delaware cases still pending, including one involving his compensation package at Tesla.

B次元官网网址淚 think weB次元官网网址檝e got a whole lot of players who, as loose a cannon as Elon Musk is, rely on the goodwill of the Delaware courts on an ongoing basis for their businesses,B次元官网网址� Lipton said.

MuskB次元官网网址檚 argument for winning his latest Delaware case largely rests on his allegation that Twitter misrepresented how it measures the magnitude of B次元官网网址渟pam botB次元官网网址� accounts that are useless to advertisers. But most legal experts believe he faces an uphill battle in convincing Chancellor Kathaleen St. Jude McCormick, the courtB次元官网网址檚 head judge who is presiding over the case, that something changed since the April merger agreement that justifies terminating the deal.

The trial begins Oct. 17 and whichever side loses can appeal to the Delaware Supreme Court, which is expected to act swiftly. Musk and Twitter could also settle the case before, during or after the trial, lawyers said.

DelawareB次元官网网址檚 courts are well-respected in the business world and any move to flout them would be B次元官网网址渟hocking and unexpected,B次元官网网址� said Paul Regan, associate professor of Widener UniversityB次元官网网址檚 Delaware Law School who has practiced in Delaware courts since the 1980s. B次元官网网址淚f there was some kind of crisis like that, I think the reputational harm would be all on Musk, not the court.B次元官网网址�

B次元官网网址擬att OB次元官网网址檅rien, The Associated Press