Are there any special requirements for an arbitration agreement?

Yes, there are special requirements for an arbitration agreement in Delaware. An arbitration agreement must be in writing and must be made before the dispute arises, or it will not be enforceable. The agreement must also set out the details of the arbitration process, including specifying the number of arbitrators, where the arbitration will take place, and the rules for the arbitration process. The parties must also be in agreement as to the scope of the agreement, meaning they must agree on what types of disputes will be arbitrated. An arbitration agreement cannot be used to circumvent the laws and regulations of Delaware. This means that the agreement must comply with all relevant laws and regulations, such as those protecting public health, safety, and welfare. Under Delaware law, if the parties have previously agreed to arbitrate a dispute, the court may not refuse to enforce the agreement. If the parties have not agreed to arbitrate a dispute, the court may decide whether or not to enforce the arbitration agreement on a case-by-case basis. Generally, the court will consider whether the dispute can be resolved through arbitration and whether the agreement was made prior to the dispute.

Related FAQs

What is a motion to limit the scope of an arbitration?
Is there an appeals process for an arbitration award?
Is there an appeals process for a motion to compel, stay or vacate an arbitration award?
What is a motion to disqualify an arbitrator?
What does it mean to be in contempt of arbitration?
What is estoppel in arbitration?
What is a motion to confirm an arbitration award?
Are there any special considerations for labor arbitration?
What is a motion to enjoin arbitration?
How is an arbitration award enforced?

Are there any special requirements for an arbitration agreement?

Related FAQs

Related Blog Posts