Is there an appeals process for a motion to compel, stay or vacate an arbitration award?

Yes, there is an appeals process for a motion to compel, stay or vacate an arbitration award in Delaware. When an arbitration award is issued by an arbitrator, either party to the arbitration may file an action in a court of law to enforce, modify or vacate the arbitration award. If an arbitration award is modified or vacated, the aggrieved party may then appeal the decision of the court. In Delaware, an appeal must be filed with the Superior Court of Delaware within 30 days of the date of the order of the court denying the motion to enforce, modify or vacate the arbitration award. The appeal must be filed jointly by both parties to the arbitration or by their respective attorneys. In order for the appeal to be heard, both parties must agree to an expedited schedule of briefing and argument. The Superior Court of Delaware will review the appeal and will generally grant or deny it within 30 days of the filing. If the Appeal is granted, the court will hear arguments by both parties and make a decision. The court’s decision is then final and binding and cannot be appealed. If the court denies the appeal, the aggrieved party can then petition the Delaware Supreme Court for a review of the case, but this is rarely granted.

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Is there an appeals process for a motion to compel, stay or vacate an arbitration award?

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