Bill Text: DE HB433 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Title 10 Of The Delaware Code Relating To Choice Of Law And Choice Of Forum.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-07-27 - Signed by Governor [HB433 Detail]
Download: Delaware-2009-HB433-Draft.html
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SPONSOR: |
Rep. George & Sen. Blevins |
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HOUSE OF REPRESENTATIVES 145th GENERAL ASSEMBLY |
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HOUSE BILL NO. 433 |
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AN ACT TO AMEND TITLE 10 OF THE |
Section 1.Amend Title 10 of the Delaware Code by inserting the following new section which shall read as follows:
§ 546.Mediation and arbitration proceedings for business disputes.
(a) Without limiting the jurisdiction of any court of this State, the Superior Court shall have the power to mediate and arbitrate business disputes when:
(1) The parties have consented by agreement or by stipulation to the mediation or arbitration by Courts of this State;
(2) At least one party is a business entity formed or organized under the laws of this State or having its principal place of business in this State, or the business dispute is governed by Delaware law;
(3) No party is a consumer, as that term is defined in §2731 of Title 6 of the Delaware Code, with respect to the business dispute;
(4) The amount in controversy is no less than one-hundred thousand dollars ($100,000) or such other amount as the Superior Court determines by rule; and
(5)The Superior Court, without regard to this Section, would have subject matter jurisdiction to adjudicate the business dispute.
(b)A mediation pursuant to this section shall involve a request by parties to have a member of the Superior Court act as a mediator to assist the parties in reaching a mutually satisfactory resolution of their business dispute.Mediation proceedings shall be considered confidential and not of public record.
(c)Arbitration proceedings shall be considered confidential and not of public record until such time, if any, as the proceedings are the subject of an appeal.In the case of an appeal, the record shall be filed by the parties with the Supreme Court in accordance with its rules, and to the extent applicable, the rules of the Superior Court.
(d)The parties in any matter may stipulate that the decision of the Superior Court, or a Commissioner of the Superior Court if they so choose, shall be final and binding and not subject to appeal.
(e)This section is intended to encourage the resolution of business disputes by means of arbitration and mediation.The Superior Court should interpret its rule-making authority broadly to effectuate that intention.
SYNOPSIS
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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 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. |
