§ 5701. Effect of arbitration agreement. A written agreement to submit to arbitration any controversy existing at or arising after the effective date of the agreement is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract, without regard to the justiciable character of […]
§ 5702. Jurisdiction; applications; venue; statutes of limitations. (a) Jurisdiction of the Court; applications to the Court. — The term “Court” means the Court of Chancery of this State, except where otherwise specifically provided. The making of an agreement described in § 5701 of this title specifically referencing the Delaware Uniform Arbitration Act [§ 5701 […]
§ 5703. Proceedings to compel or enjoin arbitration; notice of intention to arbitrate. (a) Proceeding to compel arbitration. — A party aggrieved by the failure of another to arbitrate may file a complaint for an order compelling arbitration. Where there is no substantial question whether a valid agreement to arbitrate in this State was made […]
§ 5704. Appointment of arbitrators by Court. If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and the arbitrator’s successor […]
§ 5705. Majority action by arbitrators. The powers of the arbitrators shall be exercised by a majority unless otherwise provided by the agreement. 10 Del. C. 1953, § 5705; 58 Del. Laws, c. 382, § 2;
§ 5706. Hearing. Unless otherwise provided by the agreement: (1) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered or certified mail, return receipt requested, not less than 5 days before the hearing. Appearance at the hearing waives such notice. […]
§ 5707. Representation by attorney. A party has the right to be represented by an attorney, and may claim such right at any time at any proceeding or hearing under this chapter. A waiver thereof prior to the proceeding or hearing is ineffective. If a party is represented by an attorney, papers to be served […]
§ 5708. Witnesses; subpoenas; depositions. (a) The arbitrators may compel the attendance of witnesses and the production of books, records, contracts, papers, accounts, and all other documents and evidence, and shall have the power to administer oaths. An arbitrator and any attorney of record in any arbitration proceeding shall have the power to issue subpoenas […]
§ 5709. Award generally. (a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered or certified mail, return receipt requested, or as provided in the agreement. (b) An award shall be made within the time fixed […]
§ 5710. Award by confession. (a) When available. — An award by confession may be made for money due or to become due at any time before an award is otherwise made. The award shall be based upon a statement, verified by each party, containing an authorization to make the award, the sum of the […]
§ 5711. Modification of award by arbitrators. On written application of a party to the arbitrators within 20 days after delivery of the award to the applicant, or, if an application to the Court is pending under § 5713, 5714 or 5715 of this title, on submission to the arbitrators by the Court under such […]
§ 5712. Fees and expenses of arbitration. Unless otherwise provided in the agreement to arbitrate, the arbitrators’ expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. The Court, on complaint or on application in an existing case, may […]
§ 5713. Confirmation of an award. The Court shall confirm an award upon complaint or application of a party in an existing case made within 1 year after its delivery to the party, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the […]
§ 5714. Vacating an award. (a) Upon complaint or application of a party in an existing case, the Court shall vacate an award where: (1) The award was procured by corruption, fraud or other undue means; (2) There was evident partiality by an arbitrator appointed as a neutral except where the award was by confession, […]
§ 5715. Modification or correction of award by Court. (a) Upon complaint or on application in an existing case made within 90 days after delivery of a copy of the award to the applicant, the Court shall modify or correct the award where: (1) There was an evident miscalculation of figures or an evident mistake […]
§ 5716. Judgment or decree on award. Upon the granting of an order confirming, modifying or correcting an award, except in cases where the award is for money damages, a final judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. Costs of the application and of […]
§ 5717. Judgment roll; docketing with Register in Chancery. (a) On entry of judgment or decree in cases other than an award for money damages, the Register shall prepare the judgment roll consisting, to the extent filed, of the following: (1) The agreement and each written extension of the time within which to make the […]
§ 5718. Transfer of money damage award to Superior Court; lien on real estate. (a) Upon the granting of an order confirming, modifying or correcting an award for money damages, a duly certified copy of the award and of the order confirming, modifying or correcting the award shall be filed with the prothonotary of the […]
§ 5719. Appeals. (a) Appeals may be taken from: (1) A final order denying a complaint seeking to compel arbitration made under § 5703(a) of this title; (2) An order granting an application to enjoin arbitration made under § 5703(b) of this title; (3) A final order confirming or denying confirmation of an award; (4) […]
§ 5720. Uniformity of interpretation. This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. 10 Del. C. 1953, § 5720; 58 Del. Laws, c. 382, § 2;
