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DE HB49
Bill
Status
4/2/2015
Primary Sponsor
Melanie Smith
Click for details
AI Summary
House Bill 49 Summary
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Creates the Delaware Rapid Arbitration Act as a new Chapter 58 in Title 10 of Delaware Code to provide a streamlined dispute resolution process for business entities.
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Establishes mandatory procedures for arbitration agreements between business entities (at least one party must be a Delaware-formed or Delaware-based business entity), excluding consumers and civic organizations.
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Requires arbitrators to issue final awards within 120 days of accepting appointment (or within a timeframe set by agreement), with fee reductions of 25-100% for missed deadlines depending on severity of delay.
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Limits appellate review to challenges filed within 15 days in Delaware Supreme Court under Federal Arbitration Act standards, or allows parties to opt for appellate review by arbitrators instead.
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Grants Court of Chancery exclusive jurisdiction to appoint arbitrators, enforce subpoenas, determine arbitrator fees, and issue pre-arbitration injunctions, while Superior Court handles entry of judgment for money damages awards.
Legislative Description
An Act To Amend Title 10 Of The Delaware Code Relating To Arbitration Of Disputes.
Last Action
Signed by Governor
4/2/2015