DELAWARE RAPID ARBITRATION ACT

DELAWARE RAPID ARBITRATION ACT

1. Cost - eficcient resolution of bussiness

   • TITLE 10 CHAPTER 58
     • PURPOSE
       • Additional option to resolve conmercial disputes
         • Art. 5803 EFFECT OF ARBITRATION
           • the agreement is valid, enforceable, and irrevocable
             • when
               • signed by the parties
               • 1 party is a business entity
               • no one is consumer or a organization
               • construed under the laws of this state
               • during the pendency of an arbitration an agreement
                 • may be
                   • amended with the approval of an arbitrator
                 • may not be
                   • amended so as to alter the time set
           • an agreement is consented to
             • The arbitration procedures
             • substantive and procedural arbitrability
             • jurisdiction in this State,
             • The exclusive jurisdiction of the courts
             • the power and authority to
               • Determine the arbitrator's remedial authority,
               • help to award legal remedy
           • A party has waived the right when:
             • Seek to enjoin an arbitration
             • Remove any action to a federal court
             • Appeal a ruling
             • Appeal a final award
             • Challenge whether an arbitration has been properly held
         • Art. 5804 Jurisdiction
           • Supreme Court
             • yes
               • to hear only a challenge to a final award
             • no
               • The appointment of an arbitrator
               • arbitrator's fees
               • an injunction in aid of arbitration
               • order enforcing a subpoena issued
           • Court of Chancery
             • Appoint an arbitrator
             • Enter judgment
             • enforce a subpoena issued
             • arbitrator's fees
               • Art. 5806 Fees and expenses
                 • they shall be borne as provided in a final award
             • aid of an arbitration, provided
         • Art. 5805 Appointment of arbitrator by the Court of Chancery
           • has exclusive jurisdiction to appoint 1 or more arbitrators
           • within 30 days it will be appoint an arbitrator
         • Art. 5807 Hearing, witnesses and rulings before final award.
           • place for a hearing
           • presentation of evidence
           • to cross-examine witnesses
           • resolve an arbitration
         • Art. 5808 Awards
           • A final award
           • include a form of judgment
           • shall issue a final award within the time fixed
           • Partys may extend the time for the final award
         • Art. 5809 Correct a final award
           • Supreme Court of the State
             • vacate, modify, or correct the final award
             • confirmation of a final award
         • Art. 5810 Confirmation of a final award
           • for damages
             • promptly enter a final judgment
           • for money damages
             • promptly enter a judgment on the judgment docket in conformity with that final award