Title 10 — Courts and Judicial Procedure

§ 5123. Change of name proceedings. In proceedings for changing names, the costs shall be paid by the petitioner.27 Del. Laws, c. 264, § 5; Code 1915, § 4475; Code 1935, § 4927; 10 Del. C. 1953, § 5124;

§ 5201. Definitions. In this chapter: (1) “Action” means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim. (2) “Bank-offered spot rate” means the spot rate of exchange at which a bank will sell forei…

§ 5202. Scope. (a) This chapter applies only to a foreign-money claim in an action or distribution proceeding. The provisions of this chapter are applicable to such foreign-money claims notwithstanding any contrary provisions of law. (b) This chapter applies to foreign-money issu…

§ 5203. Variation by agreement. (a) The effect of this chapter may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment. (b) Parties to a transaction may agree upon the money to be used in a trans…

§ 5204. Determining money of the claim. (a) The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment. (b) If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in eac…

§ 5205. Determining amount contracted for in certain contract claims. (a) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date. (b) If an amount contracted to be pa…

§ 5206. Asserting and defending foreign-money claim. (a) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars. (b) An opposing party may allege and prove that a claim, in whole or…

§ 5207. Judgments and awards on foreign-money claims; times of money conversion; form of judgment. (a) Except as provided in subsection (c) of this section, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim. Such a judgment or awar…

§ 5208. Conversions of foreign money in distribution proceeding. The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a…

§ 5209. Pre-judgment and judgment interest. (a) With respect to a foreign-money claim, recovery of pre-judgment or pre-award interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in subsection (b) of this section, are matters…

§ 5210. Enforcement of foreign judgments. (a) If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this State as enforceable, the enforcing judgment must be entered as provided in § 5207 of this title…

§ 5211. Determining United States dollar value of foreign-money claims for limited purposes. (a) Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the p…

§ 5212. Effect of currency revalorization. (a) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurr…

§ 5213. Supplementary general principles of law. Unless displaced by particular provisions of this chapter, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, …

§ 5214. Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.71 Del. Laws, c. 148, § 1;

§ 5215. Short title. This chapter may be cited as the “Uniform Foreign-Money Claims Act.”71 Del. Laws, c. 148, § 1;

§ 5351. Short title. This chapter may be cited as the “Delaware Uniform Unsworn Foreign Declarations Act.”77 Del. Laws, c. 332, § 1;

§ 5352. Definitions. In this chapter: (1) “Boundaries of the United States” means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. (2) “Law” inc…

§ 5353. Applicability. This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. This c…

§ 5354. Validity of unsworn declaration. (a) Except as otherwise provided in subsection (b) of this section, if a law of this State requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn decla…

§ 5355. Required medium. If a law of this State requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.77 Del. Laws, c. 332, § 1;

§ 5356. Form of unsworn declaration. An unsworn declaration under this chapter must be in substantially the following form: I declare under penalty of perjury under the law of Delaware that the foregoing is true and correct, and that I am physically located outside the geographic…

§ 5357. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.77 Del. Laws, c. 332, § 1;

§ 5358. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that …

§ 5359. Effective date. This chapter takes effect upon enactment [July 2, 2010].77 Del. Laws, c. 332, § 1;

§ 5401. Findings of the General Assembly [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.]. The members of the 143rd General Assembly find that: (1) On November 23, 2004, the Delaware Supreme Court sitting en banc decided the case of W…

§ 5402. @*@*Evans v. State@*END@* @*bold@* [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.].@*END@* Based on the findings set forth in § 5401 of this title and in recognition that the Delaware Constitution vests authority and sole res…

§ 5403. Construction and interpretation of laws [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.]. (a) Delaware judicial officers may not create or amend statutes, nor second-guess the soundness of public policy or wisdom of the Genera…

§ 5701. Effect of arbitration agreement. A written agreement to submit to arbitration any controversy existing at or arising after the effective date of the agreement is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of …

§ 5702. Jurisdiction; applications; venue; statutes of limitations. (a) Jurisdiction of the Court; applications to the Court. — The term “Court” means the Court of Chancery of this State, except where otherwise specifically provided. The making of an agreement described in § 5701…

§ 5703. Proceedings to compel or enjoin arbitration; notice of intention to arbitrate. (a) Proceeding to compel arbitration. — A party aggrieved by the failure of another to arbitrate may file a complaint for an order compelling arbitration. Where there is no substantial question…

§ 5704. Appointment of arbitrators by Court. If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fa…

§ 5705. Majority action by arbitrators. The powers of the arbitrators shall be exercised by a majority unless otherwise provided by the agreement.10 Del. C. 1953, § 5705; 58 Del. Laws, c. 382, § 2;

§ 5706. Hearing. Unless otherwise provided by the agreement: (1) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered or certified mail, return receipt requested, not less than 5 days before …

§ 5707. Representation by attorney. A party has the right to be represented by an attorney, and may claim such right at any time at any proceeding or hearing under this chapter. A waiver thereof prior to the proceeding or hearing is ineffective. If a party is represented by an at…

§ 5708. Witnesses; subpoenas; depositions. (a) The arbitrators may compel the attendance of witnesses and the production of books, records, contracts, papers, accounts, and all other documents and evidence, and shall have the power to administer oaths. An arbitrator and any attor…

§ 5709. Award generally. (a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered or certified mail, return receipt requested, or as provided in the agreement. (b) An award…

§ 5710. Award by confession. (a) When available. — An award by confession may be made for money due or to become due at any time before an award is otherwise made. The award shall be based upon a statement, verified by each party, containing an authorization to make the award, th…

§ 5711. Modification of award by arbitrators. On written application of a party to the arbitrators within 20 days after delivery of the award to the applicant, or, if an application to the Court is pending under § 5713, 5714 or 5715 of this title, on submission to the arbitrators…

§ 5712. Fees and expenses of arbitration. Unless otherwise provided in the agreement to arbitrate, the arbitrators’ expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. The…

§ 5713. Confirmation of an award. The Court shall confirm an award upon complaint or application of a party in an existing case made within 1 year after its delivery to the party, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or cor…

§ 5714. Vacating an award. (a) Upon complaint or application of a party in an existing case, the Court shall vacate an award where: (1) The award was procured by corruption, fraud or other undue means; (2) There was evident partiality by an arbitrator appointed as a neutral excep…

§ 5715. Modification or correction of award by Court. (a) Upon complaint or on application in an existing case made within 90 days after delivery of a copy of the award to the applicant, the Court shall modify or correct the award where: (1) There was an evident miscalculation of…

§ 5716. Judgment or decree on award. Upon the granting of an order confirming, modifying or correcting an award, except in cases where the award is for money damages, a final judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decr…

§ 5717. Judgment roll; docketing with Register in Chancery. (a) On entry of judgment or decree in cases other than an award for money damages, the Register shall prepare the judgment roll consisting, to the extent filed, of the following: (1) The agreement and each written extens…

§ 5718. Transfer of money damage award to Superior Court; lien on real estate. (a) Upon the granting of an order confirming, modifying or correcting an award for money damages, a duly certified copy of the award and of the order confirming, modifying or correcting the award shall…

§ 5719. Appeals. (a) Appeals may be taken from: (1) A final order denying a complaint seeking to compel arbitration made under § 5703(a) of this title; (2) An order granting an application to enjoin arbitration made under § 5703(b) of this title; (3) A final order confirming or d…

§ 5720. Uniformity of interpretation. This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.10 Del. C. 1953, § 5720; 58 Del. Laws, c. 382, § 2;

§ 5721. Short title. This chapter may be cited as the “Delaware Uniform Arbitration Act.”10 Del. C. 1953, § 5721; 58 Del. Laws, c. 382, § 2; 77 Del. Laws, c. 8, § 8;

§ 5722. Death or incompetency of a party. Where a party dies after making a written agreement to submit a controversy to arbitration, the proceedings may be begun or continued upon the application of, or upon notice to, the party’s executor or administrator, or, where it relates …