Del. Rap. Arbit. R. 22
The Arbitration Hearing will be limited to one day unless the Arbitration Agreement specifies a different period or the Arbitrator determines that a different period is appropriate in consultation with the parties. The Arbitration Hearing ordinarily shall be conducted in person at a location specified in the Arbitration Agreement or (if the Arbitration Agreement does not specify a location) selected by the Arbitrator. The location of the Arbitration Hearing may be at any place, within or without the State of Delaware and within or without the United States of America. The Arbitration Hearing may be conducted by telephone or by other means of remote electronic communication, in whole or in part, if the Arbitration Agreement so specifies or if the Arbitrator, in consultation with the parties, so determines. Regardless of whether the Arbitration Hearing is conducted within or without the State of Delaware, by telephone or by other means of remote electronic communication, the seat of the Arbitration is the State of Delaware.
The Arbitrator shall give notice of the date, time and location of the Arbitration Hearing to all parties, and may proceed with the Arbitration Hearing and resolve the Arbitration on the evidence produced at the Arbitration Hearing in the absence of one or more parties if such parties have received notice.
The Arbitrator shall control the order of proof and shall allow all parties an opportunity to be heard, to present evidence relevant to the arbitration, and to cross-examine witnesses appearing at the Arbitration Hearing. Unless the Arbitration Agreement otherwise provides, the Arbitrator shall not be obliged to apply the rules of evidence strictly, except that the Arbitrator shall apply applicable law relating to privileges and immunities and to communications or statements made in connection with efforts to settle the dispute.
Witnesses may be required to testify under oath or affirmation in the Arbitrator's discretion. The Arbitrator may consider statements made outside the Arbitration Hearing (whether sworn or unsworn, and whether presented by deposition, affidavit or other means), but shall afford such statements appropriate weight based on the circumstances of such statements.
Unless the Arbitration Agreement otherwise provides or the parties otherwise agree, the Arbitrator may direct that a stenographic or other record of the Arbitration Hearing be prepared and made available for the use of the Arbitrator and the parties.
Del. Rap. Arbit. R. 22