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In arbitration, a neutral third party serves as a judge who is responsible for resolving the dispute. The arbitrator listens as each side argues its case and presents relevant evidence, then renders a binding decision.

Plaintiff's counsel can designate any civil action, except certain matters as set forth in Rule 16.1(b), where the plaintiff agrees to limit the jurisdictional amount to $50,000, trial is available, monetary damages are sought and non-monetary claims are nominal, as a non-binding arbitration case. (R. 16.1(a)).

The purpose of the Delaware Rapid Arbitration Act is to give Delaware business entities a method by which they may resolve business disputes in a prompt, cost-effective, and efficient manner, through voluntary arbitration conducted by expert arbitrators, and to ensure rapid resolution of those business disputes.

The Delaware Rapid Arbitration Act (DRAA) establishes Delaware as a cutting-edge seat for business arbitrations. Crafted with extensive input from lawyers and businesses in the United States and across the globe, the DRAA was designed to make arbitration practice more timely and efficient.

The five most preferred seats for arbitration are London, Singapore, Hong Kong, Paris and Geneva. The five most preferred arbitral institutions are the ICC, SIAC, HKIAC, LCIA and CIETAC.

Delaware's judges are impartial and not beholden to special-interest donors or shifting political winds. Unlike in many other states, Delaware corporate law cases are tried exclusively by professional judges, and not by juries.