Delaware Arbitration

State:
Multi-State
Control #:
US-OG-694
Format:
Word; 
Rich Text
Instant download

Description

This Agreement is to insure that no dispute or controversy directly or indirectly concerning any matter relating to this Operating Agreement shall become the subject of court action, but that any dispute or controversy shall be presented to an Arbitration Panel, except as specifically set forth in this provision. The decision of the panel shall be final and binding as to all Parties and their privies without the right of appeal.

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FAQ

In Delaware, parties may agree upon different methods of ADR, including: arbitration, where a neutral arbitrator hears both sides of a controversy and renders a decision based on the facts and law; mediation, where a mediator facilitates the parties in reaching a mutually acceptable resolution of a controversy; and ...

? A party must serve upon another party a notice of intention to arbitrate, specifying the agreement pursuant to which arbitration is sought and the name and address of the party serving the notice, or of an officer or agent thereof if such party is an association or corporation, and stating that unless the party ...

Arbitration as a dispute resolution is used mostly in commercial disputes, consumer disputes, credit obligation disputes, and state or investor disputes. It can also be used to resolve disputes among the family, laborers, or workers. An arbitrator is an official person that will make the final decision.

Arbitration law gives the arbitrators their powers to issue subpoenas and require the attendance of third parties at hearings. Arbitration law sets forth the legal basis and standards for deciding issues of jurisdiction.

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 disputes shall be decided by a sole arbitrator or by three arbitrators. Where the parties have not agreed upon the number of arbitrators, the Court shall appoint a sole arbitrator, save where it appears to the Court that the dispute is such as to warrant the appointment of three arbitrators.

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Delaware Arbitration