Are the decisions of an arbitrator binding?
The answer to this question depends on the type of arbitration case taking place in Delaware. Generally speaking, the decisions of an arbitrator are binding and legally enforceable in Delaware. In some cases, the parties in arbitration can agree to have non-binding decisions. If both parties agree to this, then the decisions of an arbitrator are not binding. The U.S. Supreme Court has ruled that arbitration agreements are generally enforceable in Delaware, provided they don’t violate public policy. Delaware courts have enforced the decisions of arbitrators unless there was evidence of fraud, corruption, or misconduct. In Delaware, there are three ways that arbitration decisions can be made binding. The first is when both parties sign a written agreement stating that the arbitration decision is binding and enforceable in court. The second is when the decision is made in accordance with a Delaware statute that specifically authorizes the arbitrator’s decision to be enforced. The third is when the terms of the arbitration agreement require the decision to be binding. In conclusion, in most cases, the decisions of an arbitrator are binding in Delaware. However, depending on the nature of the dispute and the agreement between the parties, the decisions may not always be binding.
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