Delaware Rule 16.1 Arbitrators Order is the Delaware Supreme Court's rule for appointing an arbitrator to resolve disputes between two or more parties. It sets out the duties and responsibilities of the arbitrator, the procedure for selecting an arbitrator, and the procedure for making an arbitration award. It also provides for the enforcement of an arbitration award. There are two types of Delaware Rule 16.1 Arbitrators Order: Summary Order and Final Order. A Summary Order is a preliminary order issued by the arbitrator, which outlines the issues in dispute, the parties' positions, and the arbitrator's decision on those issues. A Final Order is a final, binding order issued by the arbitrator, which resolves the dispute and provides a remedy for the aggrieved party.
Delaware Rule 16.1 Arbitrators Order
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Upon request of a defendant the State shall permit the defendant to inspect and copy or photograph books, papers, documents, photographs, tangible objects, buildings or places, or copies or portions thereof, which are within the possession, custody or control of the State, and which are material to the preparation of
Upon request of a defendant the State shall permit the defendant to inspect and copy or photograph books, papers, documents, photographs, tangible objects, buildings or places, or copies or portions thereof, which are within the possession, custody or control of the State, and which are material to the preparation of
- (1) Form; issuance. - A subpoena shall be issued by the prothonotary under the seal of the court. It shall state the name of the court and the title, if any, of the proceeding, and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein.
Whenever any document, paper or testimony in a foreign language is included in any appendix or is cited in any brief, an English translation of such document, paper or testimony, made under the authority of the trial court or agreed by the parties to be correct, shall be included in the appendix.
Under Rule 16.1, MNA is available for those civil cases where (1) trial is available; (2) monetary damages are sought; (3) any nonmonetary claims are nominal; and (4) counsel for the claimant elects MNA on the civil case information sheet at the inception of the litigation.
If the person should join as a plaintiff but refuses to do so, the person may be made a defendant, or, in a proper case, an involuntary plaintiff. If the joined party objects to venue and joinder of that party would render the venue of the action improper, that party shall be dismissed from the action.
The purpose of the Delaware Rapid Arbitration Act is to give Delaware business entities a method by which they may resolve business disputes in a prompt, cost-effective, and efficient manner, through voluntary arbitration conducted by expert arbitrators, and to ensure rapid resolution of those business disputes.
While parties are not required to have an attorney to participate in arbitration, arbitration is a final, legally-binding process that may impact a party's rights. As such, parties may want to consider consulting an attorney at any time before, during, or after the arbitration.