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Summaries and analysis of recent Delaware court decisions concerning business-related litigation.
Morris James Blogs
Showing 2 posts in Alternative Dispute Resolution.
On May 2, 2015, the Delaware Rapid Arbitration Act (the “DRAA”) became effective. The DRAA is the second attempt by the State of Delaware to create a state-sponsored voluntary arbitration process. In Episode 6, we sit down with Joe Slights, a former judge with the Delaware Superior Court, to discuss Delaware’s prior attempt to create a state-sponsored arbitration process, what happened to that scheme, and how the DRAA differs from the prior statute. We’ll also talk about how the DRAA addresses some of the problems present in private arbitration rules and procedures, as well as other benefits of the DRAA to parties seeking an alternative forum to resolve their disputes. More ›
It is now established that a pending arbitration qualifies for purposes of applying Delaware’s law on when to stay a case in favor of a prior proceeding. This decision extends that law to enter a stay to let the arbitrator decide if he is going to deal with the issues in the later-filed Delaware case.