Delaware House Bill 433 (Prior Session Legislation)

---

Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on July 27 2010 - 100% progression
Action: 2010-07-27 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]

This bill tracks similar legislation relating to alternative dispute resolution procedures in the Court of Chancery that were previously enacted. This bill is intended to preserve and further Delaware’s pre-eminence in offering cost-effective options for resolving business disputes, particularly those involving commercial matters, by means of arbitration and mediation. This bill advances that goal by several means: First, the bill authorizes parties voluntarily to agree to have a member of the Superior Court arbitrate or mediate a business dispute. In general, this class of cases involves disputes about significant contracts or commercial matters. Specifically excluded from the application of this proposed legislation are cases involving consumers. In addition, use of this new option is entirely voluntary. This bill, if enacted, will permit parties to have disputes arbitrated or mediated by a member of the Superior Court by voluntary agreement. Because a member of the Superior Court would be handling the arbitration, the bill also vests the Supreme Court with authority to hear any action to enforce or vacate an Order issued by a member of the Superior Court as an arbitrator. Further, because arbitration is traditionally private, the bill maintains proceedings in the Superior Court as confidential but makes clear that the record will be filed with the Supreme Court, in accordance with its Rules and the Rules of the Superior Court in the event of appeal.

An Act To Amend Title 10 Of The Delaware Code Relating To Choice Of Law And Choice Of Forum.

Sen. Patricia Blevins [D]

Rep. George [?]

2010-06-30 - Senate - Senate Third Reading (Y: 20 N: 0 NV: 0 Abs: 1) [PASS]
2010-06-08 - House - House Third Reading (Y: 39 N: 0 NV: 0 Abs: 2) [PASS]

Date	Chamber	Action
2010-07-27		Signed by Governor
2010-06-30		Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
2010-06-29		Reported Out of Committee (JUDICIARY) in Senate with 3 On Its Merits
2010-06-10		Assigned to Judiciary Committee in Senate
2010-06-08		Passed by House of Representatives. Votes: Passed 39 YES 0 NO 0 NOT VOTING 2 ABSENT 0 VACANT
2010-06-02		Reported Out of Committee (JUDICIARY) in House with 7 On Its Merits
2010-06-01		Introduced in House and assigned to Judiciary Committee
2010-06-01		Assigned to Judiciary Committee in House

Type	Source
Summary	http://legis.delaware.gov/LIS/lis145.nsf/2bede841c6272c888025698400433a04/ddb729a6ed199a9785257735005227f6?OpenDocument
Text	http://legis.delaware.gov/LIS/lis145.nsf/vwLegislation/HB+433/$file/legis.html?open
Roll Call	http://legis.delaware.gov/LIS/lis145.nsf/7712cf7cc0e9227a852568470077336f/3877773aae9cd71b8525773c00754767?OpenDocument
Roll Call	http://legis.delaware.gov/LIS/lis145.nsf/7712cf7cc0e9227a852568470077336f/abad148bace5f61185257752008007c0?OpenDocument