Rule 138 - Commencement of Arbitration(a) Petition. (1) Arbitration is commenced by submitting to the Prothonotary a petition for arbitration (hereinafter a "petition") and the filing fee specified by the Prothonotary. The petition must be signed by Delaware counsel, as defined in 90.1(a). Sufficient copies shall be submitted so that one copy is available for delivery to each party as hereafter provided, unless the Court directs otherwise.(2) The petition shall be sent by the Prothonotary, via next business-day delivery, to either a person specified in the applicable agreement between the parties to receive notice of the petition or, absent such specification, to each party's principle place of business or residence. The petitioning party shall provide the Prothonotary with addresses of each party.(3) The petition shall contain a statement setting forth the nature of the dispute, the names and addresses of all other parties, the claims and the remedy sought. The petition must also contain a statement that all parties have consented to arbitration by agreement or stipulation, that the Superior Court would have subject matter jurisdiction to adjudicate the business dispute, that at least one party is a business entity, that at least one party is a business entity formed or organized under the laws of Delaware or having its principle place of business in Delaware, or the business dispute is governed by Delaware law, and that no party is a consumer with respect to the dispute. In the case of business disputes involving solely a claim for monetary damages, the petition must contain a statement of the amount in controversy.(4) Confidentiality. The Prothonotary will not include the petition as part of the public docketing system. The petition and any supporting documents are 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 this Court. (b) Appointment of the Arbitrator. Upon receipt of a petition, the Court will appoint an Arbitrator. (c) Preliminary Conference. The Arbitrator will contact the parties' counsel to set the date and time of the preliminary conference, which shall occur within 10 days after the commencement of the arbitration, unless the parties and the Arbitrator agree, pursuant to Rule 137(c), to extend that time. (d) Preliminary Hearing. The preliminary hearing shall take place as soon as practicable after the preliminary conference. The Arbitrator shall issue a scheduling order promptly after the preliminary hearing.(e) Date, Time, and Place of Arbitration. The Arbitrator will set the date, time, and place of the arbitration hearing at the preliminary hearing. The arbitration hearing generally will occur no later than 90 days following receipt of the petition. (f) Exchange of Information. There shall be pre-hearing exchange of information necessary and appropriate for the parties to prepare for the arbitration hearing and to enable the Arbitrator to understand the dispute, unless the parties agree, with the approval of the Arbitrator, to forego prehearing exchange of information. The parties shall, in the first instance, attempt to agree on pre-hearing exchange of information, which may include depositions, and shall present any agreement to the Arbitrator for approval at the preliminary hearing or as soon thereafter as possible. The Arbitrator may require additional exchange of information between and among the parties, or additional submission of information to the Arbitrator. If the parties are unable to agree, they shall present the dispute to the Arbitrator who shall direct such pre-hearing exchange of information as he/she deems necessary and appropriate.Del. R. Civ. P. Super. Ct. 138
Added, effective 8/9/2011.