Panelist, “Overview of Delaware Rapid Arbitration Act,” webinar, Practising Law Institute, January 20, 2016

January 20, 2016

Young Conaway attorneys Elena Norman and James M. Yoch, Jr., along with attorney Gregory Williams of Richards, Layton & Finger PA, will discuss the Delaware Rapid Arbitration Act (the “DRAA”), which became effective on May 4, 2015. The DRAA provides Delaware entities a way to resolve business disputes in a prompt and cost-effective manner, through voluntary arbitration conducted by expert arbitrators. In general, the arbitrator must issue a final award within 120 days of the arbitrator’s acceptance of the appointment -- subject to extension of up to no more than an additional 60 days, and even then only by unanimous consent of all parties to the arbitration. Appeal from awards issued in DRAA arbitrations is limited: the Act provides for a single direct challenge to the Delaware Supreme Court (unless waived by the parties). Specifically, the attorneys discuss:

  • who can take advantage of the DRAA;
  • what types of disputes may qualify for resolution pursuant to the DRAA;
  • how to select arbitration pursuant to the DRAA;
  • the selection of arbitrators;
  • how a DRAA arbitration generally proceeds;
  • limited appeal of and challenges to DRAA awards;
  • confirmation of awards and enforcement of judgments; and
  • the experience under the DRAA to date.