DE HB49 | 2015-2016 | 148th General Assembly
Status
Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on April 2 2015 - 100% progression
Action: 2015-04-02 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]
Spectrum: Bipartisan Bill
Status: Passed on April 2 2015 - 100% progression
Action: 2015-04-02 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]
Summary
This Act gives business entities formed in Delaware greater capacity to resolve business disputes in a rapid and efficient manner through voluntary arbitration conducted by expert arbitrators under strict timelines. To that end, the Act requires resolution of arbitrated matters in no more than 120 days, subject to extension of up to no more than an additional 60 days, by unanimous consent of all parties to the arbitration. The Act provides significant flexibility to select an appropriate arbitrator. If the parties do not select an arbitrator, or the selected arbitrator refuses to serve, the Act truncates the process for appointing arbitrators, where necessary, ensuring a rapid and public initiation of the process in the Delaware Court of Chancery. The Act vests exclusive jurisdiction to determine the scope of the arbitration to the arbitrator, thus eliminating in arbitrations under the Act the role of the Courts in determining substantive arbitrability in certain cases. Neither the joinder of persons not parties to the arbitration agreement nor the assertion of non-contractual claims deprives the arbitrator of the authority to determine what is subject to the arbitration and what is not. To further speed the ultimate resolution of disputes under the Act, it provides for a single direct challenge to the Delaware Supreme Court, where challenges are not otherwise waived by the parties’ agreement, or conducted by agreement before an arbitral appellate panel. Where challenges are taken to the Delaware Supreme Court, those proceedings are public and limited to review under the standards of the Federal Arbitration Act. To ensure that no person is subject to the Act without his or her express and voluntary consent, the Act precludes its use in cases where there is a danger that vulnerable parties’ rights are at stake. Thus, this Act may not be used to adjudicate controversies between business entities and consumers of their goods and services, or controversies involving persons who have not expressly agreed to arbitrate the matter at issue.
Title
An Act To Amend Title 10 Of The Delaware Code Relating To Arbitration Of Disputes.
Sponsors
Roll Calls
2015-03-31 - Senate - Senate Third Reading (Y: 21 N: 0 NV: 0 Abs: 0) [PASS]
2015-03-19 - House - House Third Reading (Y: 36 N: 1 NV: 0 Abs: 4) [PASS]
2015-03-19 - House - House Third Reading (Y: 36 N: 1 NV: 0 Abs: 4) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2015-04-02 | House | Signed by Governor |
| 2015-03-31 | Senate | Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT |
| 2015-03-25 | Senate | Reported Out of Committee (JUDICIARY) in Senate with 6 On Its Merits |
| 2015-03-19 | Senate | Assigned to Judiciary Committee in Senate |
| 2015-03-19 | House | Passed by House of Representatives. Votes: Passed 36 YES 1 NO 0 NOT VOTING 4 ABSENT 0 VACANT |
| 2015-03-19 | House | Amendment HA 1 - Passed in House by Voice Vote |
| 2015-03-19 | House | Amendment HA 1 - Introduced and Placed With Bill |
| 2015-03-17 | House | Reported Out of Committee (JUDICIARY) in House with 8 Favorable |
| 2015-03-12 | House | Introduced and Assigned to Judiciary Committee in House |
