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San Jose resident with questions about business litigation arbitration in Delaware...
Anonymous2 views3 answers
1. What sort of freedom does a party have to amend their arbitration demands or "pleadings" after arbitration commences under Delaware law?
2. Can the arbitrator's decision/award be overturned on the basis that he/she refused to hear all the evidence, say by imposing time limits or refusing to hear testimony or accept documentary exhibits into evidence?
3. Lastly, do arbitrators have the power to subpoena third parties for evidence under Delaware law?
Any pointers to treatises or other sources greatly appreciated.
Delaware has adopted the Uniform Arbitration Act.
1. I am not certain how Delaware handles this - their statute does not discuss pleadings filed in the arbitration itself. My experience before the AAA is that you may make a motion to the arbitrators to amend your pleadings.
2. The basis for either modifying or vacating the award of an arbitration are found at 10 Del. C. 1953, § 5714 and 10 Del. C. 1953, § 5715. Section 5714(a)(4) provides that an award may be vacated if the arbitrator refused to hear evidence material to the controversy. Having said that, the purpose of arbitration is to provide a more expeditious process and it is not unusual in an arbitration to limit the number of witnesses or the time one has to present his or her case.
3. Yes, Section 5708 provides that arbitrators may compel the testimony of witnesses and may issue subpoenas. Note that there may be jurisdictional limitations on such subpoenas as they would technically be issued by a Delaware state court and thus may not have any effect in another state. You might have to file for a commission seeking the right to take an out of state deposition, etc.
Your factual description is most limited and it=s nearly impossible to give you any advisement. It sounds as if you have already committed to in, or agreed to, the matter being heard of the provisions of Delaware law. If this is the case, you need to seek out legal counsel from an experienced Delaware attorney. I also agree with attorney Michael Doland’s response herein.
