Del. Rap. Arbit. R. 4

As amended through May 31, 2024

Rule 4 - Definitions

As used in these Rules:

"Arbitration Agreement" means an agreement described in 10 Del. C. § 5803(a).

"Arbitration" means the voluntary submission of a dispute between or among parties to an Arbitrator for final and binding determination, and includes all contacts and communications by and among the Arbitrator, any party and any other person participating in such proceeding.

"Arbitrator" means a person, persons or organization appointed under 10 Del. C. § 5805 or chosen by the parties to an Arbitration in conformity with the Arbitration Agreement, and who serves a written notice of acceptance of appointment as provided in Rule 9. If an Arbitration proceeds before more than one Arbitrator, references in these Rules to the Arbitrator shall be deemed to be references to the Arbitrators, and (unless otherwise provided in the Arbitration Agreement) references in these Rules to an act of the Arbitrator shall be references to an act of a majority of the Arbitrators.

"Preliminary Conference" means a telephonic conference with the parties and/or their attorneys or other representatives:

(i) to obtain additional information about the nature of the dispute, the anticipated length of the Arbitration Hearing and other scheduling issues, (ii) to obtain conflicts statements from the parties, and (iii) to consider with the parties whether mediation or other non-adjudicative methods of dispute resolution might be appropriate.

"Preliminary Hearing" means a telephonic conference with the parties and/or their attorneys or other representatives to consider, without limitation:

(i) prompt exchange of pleadings and such other statements of each party's claims, damages, defenses, issues asserted, legal authorities relied upon, and positions with respect to issues asserted by other parties, as the Arbitrator may direct,

(ii) stipulations of fact,

(iii) the scope of exchange of information before the Arbitration Hearing,

(iv) exchanging and pre-marking of exhibits for the Arbitration Hearing,

(v) the identification and availability of witnesses, including experts, and such matters with respect to witnesses, including their qualifications and expected testimony as may be appropriate,

(vi) whether, and to what extent, any sworn statements and/or depositions may be introduced,

(vii) the length of the Arbitration Hearing,

(viii) whether a stenographic or other official record of the proceedings shall be maintained,

(ix) the possibility of mediation or other non-adjudicative methods of dispute resolution, and

(x) any procedure for the issuance of subpoenas.

"Scheduling Order" means the order of the Arbitrator (and any amendment thereto) setting forth the pre-hearing activities and the hearing procedures that will govern the Arbitration. The Scheduling Order shall also set forth the date, time and location for the Arbitration Hearing, which ordinarily should be no more than 90 days after the Arbitrator serves the written notice of acceptance of appointment as Arbitrator. The Arbitrator should enter a Scheduling Order as promptly as possible following the Preliminary Conference. The Arbitrator may amend the Scheduling Order, including postponing or rescheduling the Arbitration Hearing, but no amendment to the Scheduling Order shall operate to alter the time periods set forth in 10 Del. C. § 5808(b) and (c).

"Arbitration Hearing" means the proceeding in which the claimant presents evidence to support its claims and the respondent presents evidence to support its defenses, and witnesses for each party submit to questions from the Arbitrator and the adverse party, subject to the discretion of the Arbitrator to vary this procedure (so long as the parties are treated equitably and each party has a fair opportunity to be heard and to present its case).

Del. Rap. Arbit. R. 4

Adopted effective 6/22/2015