(a) These rules shall govern the procedure in arbitration proceedings for business disputes pursuant to Del. C. § 546. (b) In the case of business disputes involving solely a claim for monetary damages, a matter will be eligible for arbitration only if the amount in controversy exceeds onehundred thousand dollars. (c) The parties with the consent of the Arbitrator may change any of these arbitration rules by agreement and/or adopt additional rules. Except to the extent inconsistent with these rules, or as modified by the Arbitrator or the parties, Superior Court Rules 26 through 37 shall apply to the Arbitration proceeding.(d) Definitions.(1) "Arbitration" means the voluntary submission of a dispute to an Arbitrator for final and binding determination and includes all contracts between the Arbitrator and any party or parties, until such time as a final decision is rendered or the parties discharge the Arbitrator.(2) "Arbitrator" means a judge or commissioner sitting permanently in the Court. Absent agreement of the parties, the Arbitrator shall not have served as the Mediator in a mediation of the dispute under the Superior Court Rules.(3) "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 and the anticipated length of hearing and scheduling, (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. (4) "Preliminary Hearing" means a telephonic conference with the parties and/or their attorneys or other representatives to consider, without limitation: (i) service of statements of claims, damages and defenses, a statement of the legal issues asserted by each party and positions with respect thereto, and any legal authorities upon which the parties rely, (ii) stipulations of fact, (iii) the scope of discovery, (iv) exchanging and pre-marking of exhibits for the 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 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 or dispute resolution, and(x) the procedure for the issuance of subpoenas.(5) "Scheduling order" means the order of the Arbitrator setting forth the pre-hearing activities and the hearing procedures that will govern the arbitration.(6) "Arbitration hearing" means the proceeding, which may take place over a number of days, pursuant to which the petitioner presents evidence to support its claim and the respondent presents evidence to support its defense, and witnesses for each party shall submit to questions from the Arbitrator and the adverse party, subject to the discretion of the Arbitrator to vary this procedure so long as parties are treated equally and each party has the right to be heard and is given a fair opportunity to present its case.(7) "Consent to Arbitrate," means a written or oral agreement to engage in arbitration in the Superior Court and shall constitute consent to these rules. Provided that the parties and the amount in controversy meet the eligibility requirements in 10 Del. C. § 546, which apply to the arbitration of business disputes, a consent to arbitrate is acceptable if it contains the following language: " The parties agree that any dispute arising under this agreement shall be arbitrated in the Superior Court of the State of Delaware, pursuant to 10 Del. C. § 546.Del. R. Civ. P. Super. Ct. 137
Added, effective 8/9/2011.