Del. Rap. Arbit. R. 5

As amended through May 31, 2024

Rule 5 - Confidentiality of Arbitrations

Arbitrations under the Act are confidential proceedings. All memoranda and work product contained in the case files of an Arbitrator are confidential. Any communication made in or in connection with the Arbitration that relates to the controversy being arbitrated, whether made to the Arbitrator or a party, or to any person if made at a Preliminary Conference, Preliminary Hearing or Arbitration Hearing, is confidential. Such confidential materials and communications are not subject to disclosure in any judicial or administrative proceeding with the following exceptions:

(1) where all parties to the Arbitration agree in writing to waive the confidentiality, or

(2) where the confidential materials and communications consist of statements, memoranda, materials, and other tangible evidence that are otherwise subject to disclosure and were not prepared specifically for use in the Arbitration.

No document or other matter submitted to the Arbitrator, served upon the parties to an Arbitration, used in any hearing or conference with the Arbitrator, or referred to or relied upon in an arbitral award shall become part of a public record as a result of such submission, service, use, reference or reliance. However, in the event of the taking of a challenge to a final award to the Supreme Court of Delaware under 10 Del. C. § 5809, a document or other matter submitted to the Supreme Court of Delaware shall become part of the public record only to the extent required by the Rules of that Court or by order of that Court.

The Arbitrator shall have power to issue orders to protect the confidentiality of the proceedings and of any documents or other matter used in the Arbitration.

Del. Rap. Arbit. R. 5

Adopted effective 6/22/2015