1. Simple Form to Adopt the DRAA
"The parties agree to arbitrate all disputes arising under this agreement under the Delaware Rapid arbitration Act. This provision to arbitrate shall be governed by Delaware law, without reference to the law chosen by any other provision of this agreement." *
2. Expanded Adoption Form Incorporating DRAA Rules
"The parties agree to arbitrate all disputes arising under this agreement under the Delaware Rapid arbitration Act, and to follow the Model arbitration Rules adopted by the Delaware courts. This provision to arbitrate shall be governed by Delaware law, without reference to the law chosen by any other provision of this agreement." *
3. Adoption Form Incorporating DRAA Rules and Permitting Third-Party Discovery
(Follow form 1 of 2 prior forms and then add:) The arbitrator is authorized to issue subpoenas and award commissions to permit depositions to be taken.
4. Selection of arbitration Form
The parties agree that: (select one of the following alternatives)
(a) The arbitrator shall be ___________, or
(b) The arbitrator shall be one of those persons who has served as a trial judge in the State of Delaware, or
(c) The arbitrator shall be appointed by the CPR, JAMS, etc.
5. Scope of Discovery Form
The parties agree that pre-hearing discovery will be: (select one of the following alternatives)
(a) Disclosure of those documents and other information each party intends to offer into evidence at the hearing in support of its case or in rebuttal to any other parties’ case, or
(b) Follow form a” and add, together with the depositions of the witness any party intends to offer at the hearing and no more than __ depositions of third party witnesses, or
(c) Limited to such discovery as the arbitrators permit after consulting with the parties
6. Form of Scheduling Order
The following schedule shall govern the arbitration proceedings unless otherwise modified by the arbitration upon a showing of good cause.
(a) Discovery Conference
The parties and the arbitrator shall hold a conference on ___________, 201__ at __:00, either in person or telephonically to discuss any party’s proposal for pre-hearing discovery, including the scope of timing of such discovery. The parties shall meet and confer prior to the discovery conference and submit their respective proposals no later than two days before the conference.
(b) Document Production
The documents and other information that the arbitrator orders to be produced following the discovery conference shall be produced no later than ____________.
(c) Depositions
The depositions, including third-party depositions, that the arbitrator permits to be taken shall be completed no later than ____________.
(d) Pre-Hearing Briefs
The parties shall exchange and submit to the arbitrator pre-hearing briefs, together with copies of all exhibits and deposition transcripts that party intends to rely upon, no later than ______________.
(e) Hearing
The arbitration hearing will be held on _____________, commencing at ________ at the offices of ________________________.
(f) Post-Hearing Briefing
Simultaneous post-hearing briefs will be served and submitted to the arbitrator no later than ______________.
* Similar language is required under the DRAA.
