Friday, April 17, 2015

Delaware Rapid Arbitration Act

On April 3, Delaware Governor Jack Markell signed the Delaware Rapid Arbitration Act (DRAA) into law. The DRAA becomes effective on May 4, 2015. The DRAA is a different take on the attempted Chancery Arbitration that the Third Circuit ruled unconstitutional in 2013.

Under the DRAA, all parties in the dispute must agree to the arbitration. The DRAA does not use sitting judges to arbitrate, as the Chancery Arbitration attempted to do, but the Delaware Court of Chancery will be “facilitating” the process under the DRAA. Among other things, the Delaware Court of Chancery can assist in appointing an arbitrator for the process, enter final judgments, and determine an arbitrator’s fees. The Delaware Supreme Court can hear appeals of awards. 

The DRAA appears to be encouraging a relatively fast and cost effective dispute resolution process. The process is limited to 180 days – final award to be issued within 120 days of the arbitrator’s appointment and allowable extensions up to an additional 60 days. 

Given the privacy and the apparent time and cost-savings, this may be an attractive alternative dispute resolution process for various businesses. 

For more analysis see:

David J. Berger (Wilson Sonsini Goodrich & Rosati)

Brian Quinn (Boston College)

https://lawprofessors.typepad.com/business_law/2015/04/delaware-rapid-arbitration-act.html

Business Associations, Delaware, Haskell Murray | Permalink

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