Title 6 — Commerce and Trade
89 chapters · 627 sections in this title.
6 Del. C. § 7701. Short title; purpose.
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§ 7701. Short title; purpose. (a) This chapter shall be known and may be cited as the “Delaware Voluntary Alternative Dispute Resolution Act.” (b) The purposes of the Delaware Voluntary Alternative Dispute Resolution Act are to provide a means to resolve business disputes without…
6 Del. C. § 7702. Definitions.
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§ 7702. Definitions. As used in this chapter, unless the context otherwise requires: (1) “ADR” means the alternative dispute resolution method provided for by this chapter unless the parties to a dispute adopt by written agreement some other method of ADR in which event “ADR” sha…
6 Del. C. § 7703. How ADR is selected.
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§ 7703. How ADR is selected. (a) Any person, by filing the certificate provided for in § 7704 of this title, shall be deemed to have agreed to submit all disputes subject to ADR to the ADR provided for by this chapter. Upon the filing of such certificate, the filer shall be bound…
6 Del. C. § 7704. Contents of certificate.
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§ 7704. Contents of certificate. (a) The certificate of agreement to submit to ADR shall set forth: (1) The name of the person filing the certificate, (2) The address of such person (which shall include the street, number, city and state) at which it shall be given notice of any …
6 Del. C. § 7705. Place of filing.
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§ 7705. Place of filing. (a) The certificate accepting ADR shall be filed with the Secretary of State of the State of Delaware and shall be executed and acknowledged by the chairperson or vice-chairperson of the board of directors or by the president or vice-president of any corp…
6 Del. C. § 7706. Filing fee.
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§ 7706. Filing fee. No certificate accepting ADR or revoking ADR shall be filed unless it shall be accompanied by the payment of $1,000 to the State, except that the filing fee shall be $100 for every corporation, limited partnership, statutory trust, limited liability company or…
6 Del. C. § 7707. Revocation of ADR.
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§ 7707. Revocation of ADR. A certificate accepting ADR may be revoked by the filing of a certificate stating that it revokes a previously filed certificate. A certificate of revocation shall be executed and acknowledged in the same manner as a certificate accepting ADR. A certifi…
6 Del. C. § 7708. Qualifications of ADR Specialist.
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§ 7708. Qualifications of ADR Specialist. The ADR proceedings shall be conducted by any individual meeting one of the following criteria: (a) Successful completion of 25 hours of training in resolving civil disputes in a course approved by the department or division of the govern…
6 Del. C. § 7709. Selection of ADR Specialist.
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§ 7709. Selection of ADR Specialist. (a) In the case of ADR proceedings that are to be held in the State, the party who initiates the proceedings shall select a panel of 3 ADR Specialists in Delaware to be considered by the parties. Unless the parties otherwise agree in writing, …
6 Del. C. § 7710. Initiation of ADR proceeding.
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§ 7710. Initiation of ADR proceeding. ADR proceedings are initiated by written notice to the other parties to a dispute who have filed an ADR certificate in accordance with § 7704 of this title or who have agreed to be bound by the ADR requirements of this chapter. The notice sha…
6 Del. C. § 7711. Participation by other parties.
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§ 7711. Participation by other parties. When not all the parties to a dispute have filed an ADR certificate or have agreed to be bound by the Delaware Voluntary Dispute Resolution Act, such other parties may be given the opportunity to participate in the ADR proceedings by delive…
6 Del. C. § 7712. Scheduling of ADR proceedings.
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§ 7712. Scheduling of ADR proceedings. Promptly after notification of appointment, the ADR Specialist shall: (1) advise the parties of a willingness to serve as the ADR Specialist for this dispute, (2) notify the parties of the expected rate of compensation, and (3) set the time …
6 Del. C. § 7713. Compensation of ADR Specialist.
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§ 7713. Compensation of ADR Specialist. (a) The ADR Specialist shall be reimbursed for all reasonable out-of-pocket expenses. The ADR Specialist shall be compensated on the basis of the Specialist’s regular hourly fees for professional services for time spent during the day of th…
6 Del. C. § 7714. Conduct of the ADR proceedings.
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§ 7714. Conduct of the ADR proceedings. Subject to any agreement of the parties to adopt different rules of proceeding and the power of the ADR Specialist to modify these procedures in appropriate instances, the ADR shall be conducted as follows: (a) No later than 7 days prior to…
6 Del. C. § 7715. Conclusion of ADR.
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§ 7715. Conclusion of ADR. Any settlement of the dispute submitted to ADR shall be reduced to writing as soon as possible after the settlement is reached, with such writing to be prepared by the ADR Specialist (unless the parties otherwise agree as part of their settlement that t…
6 Del. C. § 7716. Confidentiality.
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§ 7716. Confidentiality. All ADR proceedings shall be confidential and any memoranda submitted to the ADR Specialist, any statements made during the ADR and any notes or other materials made by the ADR Specialist or any party in connection with the ADR shall not be subject to dis…
6 Del. C. § 7717. Immunity.
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§ 7717. Immunity. The ADR Specialist shall have such immunity as if the Specialist were a judge acting in a court with jurisdiction over the subject matter and the parties involved in the dispute that led to ADR.70 Del. Laws, c. 151, § 1; 70 Del. Laws, c. 186, § 1;
6 Del. C. § 7718. Attendance at ADR.
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§ 7718. Attendance at ADR. A person may be represented by counsel in all stages of the ADR proceeding. In addition to its counsel, each party must attend the initial ADR proceeding in which the parties make their presentations and submit to questioning and meet with the ADR Speci…
6 Del. C. § 7719. Enforcement of ADR rights.
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§ 7719. Enforcement of ADR rights. (a) The right to ADR provided for under this chapter may be enforced by any court with jurisdiction over the parties. Any person who files a certificate under § 7704 of this title thereby consents to the jurisdiction of the Court of Chancery of …
6 Del. C. § 7720. Tolling of limitations.
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§ 7720. Tolling of limitations. The initiation of ADR under § 7710 of this title shall suspend the running of the statute of limitations applicable to the dispute that is the subject of the ADR until 14 days after the ADR is concluded in accordance with § 7715 of this title.70 De…
6 Del. C. § 7721. Effect of commencing litigation.
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§ 7721. Effect of commencing litigation. Other than a proceeding to require ADR under § 7719 of this title, this chapter and the procedures provided for herein shall cease to have any force or effect upon the commencement of litigation concerning the dispute that is the subject o…