"Agreement to Arbitrate" - Delaware

This fillable "Agreement to Arbitrate" is a document issued by the Delaware Department of Justice specifically for Delaware residents.

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OFFICE OF THE COMMON INTEREST COMMUNITY OMBUDSPERSON
Delaware Department of Justice
th
820 N. French St., 5
floor
Wilmington, DE 19801
___________________________
___________________________
Filing Party (Print or type name)
Responding Party (Print or type name)
Matter #:
AGREEMENT TO ARBITRATE
This is an agreement by the parties to participate in voluntary arbitration. I understand that arbitration
is a voluntary and confidential process. Arbitration includes all contacts between the Arbitrator and
any party or parties, until a final decision is rendered or the parties discharge the Arbitrator.
This agreement incorporates the issues identified in the Common Interest Community Contact/
Complaint form and attachments submitted in this matter. The parties agree that the arbitrator in this
process will arbitrate any dispute arising under this agreement.
____ If checked here the parties agree the arbitration will be binding. Please initial if binding.
Filing party ______
Responding party _______
If not checked above, or no agreement, or one party has not initialed, arbitration is non-binding.
____ Check here if either party requests written explanation of the basis of the decision. If not
checked, the arbitrator will deliver the result in writing, but will not explain the basis of the decision.
____ If you agree on an arbitrator other than the Common Interest Community Ombudsperson (or
designee), please identify the agreed Arbitrator. Contact Information of agreed Arbitrator:
The Arbitrator will contact the parties to set a date, time and place for the arbitration hearing and
exchange of documents.
The parties further agree to the following:
 The Delaware Uniform Arbitration Act, Title 10 Del. C. Chapter 57 governs this Arbitration.
 At least one representative of each party with authority to resolve the dispute must participate
in the arbitration hearing. Delaware counsel must attend the arbitration hearing on behalf of a
corporation.
 The Arbitration proceedings are private. Only parties and their representatives may attend,
unless all parties agree otherwise.
 The Arbitrator may not be compelled to testify in any judicial or administrative proceeding
concerning any matter relating to service as Arbitrator in this proceeding.
 All memoranda and work product contained in the case files of the Arbitrator are confidential.
OFFICE OF THE COMMON INTEREST COMMUNITY OMBUDSPERSON
Delaware Department of Justice
th
820 N. French St., 5
floor
Wilmington, DE 19801
___________________________
___________________________
Filing Party (Print or type name)
Responding Party (Print or type name)
Matter #:
AGREEMENT TO ARBITRATE
This is an agreement by the parties to participate in voluntary arbitration. I understand that arbitration
is a voluntary and confidential process. Arbitration includes all contacts between the Arbitrator and
any party or parties, until a final decision is rendered or the parties discharge the Arbitrator.
This agreement incorporates the issues identified in the Common Interest Community Contact/
Complaint form and attachments submitted in this matter. The parties agree that the arbitrator in this
process will arbitrate any dispute arising under this agreement.
____ If checked here the parties agree the arbitration will be binding. Please initial if binding.
Filing party ______
Responding party _______
If not checked above, or no agreement, or one party has not initialed, arbitration is non-binding.
____ Check here if either party requests written explanation of the basis of the decision. If not
checked, the arbitrator will deliver the result in writing, but will not explain the basis of the decision.
____ If you agree on an arbitrator other than the Common Interest Community Ombudsperson (or
designee), please identify the agreed Arbitrator. Contact Information of agreed Arbitrator:
The Arbitrator will contact the parties to set a date, time and place for the arbitration hearing and
exchange of documents.
The parties further agree to the following:
 The Delaware Uniform Arbitration Act, Title 10 Del. C. Chapter 57 governs this Arbitration.
 At least one representative of each party with authority to resolve the dispute must participate
in the arbitration hearing. Delaware counsel must attend the arbitration hearing on behalf of a
corporation.
 The Arbitration proceedings are private. Only parties and their representatives may attend,
unless all parties agree otherwise.
 The Arbitrator may not be compelled to testify in any judicial or administrative proceeding
concerning any matter relating to service as Arbitrator in this proceeding.
 All memoranda and work product contained in the case files of the Arbitrator are confidential.
 Any communication made in or in connection with the arbitration that relates to the dispute is
confidential. Confidential materials and communications are not subject to disclosure in any
judicial or administrative proceeding with the following exceptions: (1) where all parties to the
arbitration agree in writing to waive the confidentiality, or (2) where the confidential materials
and communications consist of statements, memoranda, materials, and other tangible
evidence, which were not prepared specifically for use in the arbitration hearing.
 The parties agree to protect the Arbitrator from civil liability for any act or omission in
connection with the Arbitration, unless the act or omission was in bad faith, with malicious
intent, or in a manner exhibiting a wilful, wanton disregard of the rights, safety, or property of
another.
 The strict rules of evidence shall not prevent the consideration of evidence or testimony.
 As to the Arbitrators’ Award, the parties agree:
o (1) The Arbitrator may grant any remedy or relief that the Arbitrator deems just and
equitable and within the scope of any applicable agreement of the parties.
o (2) In addition to a final award, the Arbitrator may make other decisions, including
interim, interlocutory, or partial rulings, orders and awards.
o (3) Upon the granting of a final award, a final judgment or decree shall be a contract
between the parties and be enforced as any other contract.
o (4) The Arbitrator is ineligible to adjudicate any subsequent litigation arising from the
issues identified in the petition.
Other agreements of the parties concerning the Arbitration:
I understand and agree to pay ½ of the fee for arbitration according to the Arbitrator’s or the
Ombudspersons current fee schedule, which is incorporated into and made part of this Agreement, or
as otherwise ordered by the Arbitrator, or agreed by the parties.
_______________________________
___________________________________
Filing Party (Please print name)
Responding Party (Please print name)
_______________________________
___________________________________
Filing Party (Signature)
Responding Party (Signature)
_______________________________
___________________________________
Arbitrator
Arbitrator
Date: __________________________
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