§ 5801. Definitions. For purposes of this chapter only, unless the context requires otherwise: (1) “Agreement” means an agreement described in § 5803(a) of this title. (2) “Arbitration” means an arbitration provided for under this chapter. (3) “Arbitrator” means a person named in an agreement, selected under an agreement, or appointed by the parties to […]
§ 5802. Purpose of the chapter. The purpose of the Delaware Rapid Arbitration Act is to give Delaware business entities a method by which they may resolve business disputes in a prompt, cost-effective, and efficient manner, through voluntary arbitration conducted by expert arbitrators, and to ensure rapid resolution of those business disputes. This chapter is […]
§ 5803. Effect of arbitration agreement. (a) 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 […]
§ 5804. Jurisdiction. (a) Jurisdiction of the Supreme Court. — Except as otherwise provided in an agreement, the making of the agreement confers jurisdiction on the Supreme Court of the State to hear only a challenge to a final award under § 5809 of this title. The Supreme Court does not have jurisdiction to hear […]
§ 5805. Appointment of arbitrator by the Court of Chancery. (a) The Court of Chancery of the State, on petition or on application of a party in an existing case, has exclusive jurisdiction to appoint 1 or more arbitrators upon: (1) The consent of all parties to an agreement; (2) The failure or inability of […]
§ 5806. Arbitrator; fees and expenses of arbitration. (a) A person accepting an appointment as an arbitrator is deemed to have: (1) Consented to the terms of this chapter; and (2) Accepted the consequences set forth in subsection (b) of this section for failing to comply with the provisions of § 5808(b) of this title. […]
§ 5807. Hearing; witnesses; prehearing evidence gathering; rulings before final award. (a) Unless otherwise provided in an agreement, an arbitrator shall appoint a time and place for a hearing or an adjourned hearing, either of which may be held within or without the State and within or without the United States. Notwithstanding the foregoing sentence, […]
§ 5808. Awards. (a) A final award must be in writing and signed by an arbitrator, must be provided to each party to an arbitration, and must include a form of judgment for entry under § 5810 of this title. Unless otherwise provided in an agreement, an arbitrator may make any award, whether legal or […]
§ 5809. Challenges; court powers to vacate, modify, or correct a final award. (a) A challenge to a final award may be taken to the Supreme Court of the State in the manner as appeals are taken from orders or judgments in a civil action. (b) A challenge to a final award must be taken […]
§ 5810. Confirmation of a final award; judgment on final award. (a) Unless a challenge is taken under § 5809 of this title or unless an agreement provides for appellate review by 1 or more arbitrators, a final award, without further action by the Court of Chancery of the State, is deemed to have been […]
§ 5811. Application of chapter. It is the policy of this chapter to give maximum effect to the principle of freedom of contract and to the enforceability of agreements. 80 Del. Laws, c. 6, § 1;
§ 5812. Short title. This chapter may be cited as the “Delaware Rapid Arbitration Act.” 80 Del. Laws, c. 6, § 1;
