Part XVI: Rules Governing Mediation and Arbitration Proceedings for Business Disputes · Last amended August 9, 2011 · Last verified July 28, 2026
In one sentenceRule 138 starts arbitration with a petition, signed by Delaware counsel and filed with the Prothonotary along with the filing fee, that states the dispute's nature and confirms eligibility, and it schedules a preliminary conference within 10 days and an arbitration hearing generally within 90 days of the petition.
(1)Arbitration is commenced by submitting to the Prothonotary a petition for arbitration (hereinafter a “petition”) and the filing fee specified by the Prothonotary. The petition must be signed by Delaware counsel, as defined in 90.1(a). Sufficient copies shall be submitted so that one copy is available for delivery to each party as hereafter provided, unless the Court directs otherwise.
(2)The petition shall be sent by the Prothonotary, via next business-day delivery, to either a person specified in the applicable agreement between the parties to receive notice of the petition or, absent such specification, to each party’s principle place of business or residence. The petitioning party shall provide the Prothonotary with addresses of each party.
(3)The petition shall contain a statement setting forth the nature of the dispute, the names and addresses of all other parties, the claims and the remedy sought. The petition must also contain a statement that all parties have consented to arbitration by agreement or stipulation, that the Superior Court would have subject matter jurisdiction to adjudicate the business dispute, that at least one party is a business entity, that at least one party is a business entity formed or organized under the laws of Delaware or having its principle place of business in Delaware, or the business dispute is governed by Delaware law, and that no party is a consumer with respect to the dispute. In the case of business disputes involving solely a claim for monetary damages, the petition must contain a statement of the amount in controversy.
(4)Confidentiality. The Prothonotary will not include the petition as part of the public docketing system. The petition and any supporting documents are considered confidential and not of public record until such time, if any, as the proceedings are the subject of an appeal. In the case of an appeal, the record shall be filed by the parties with the Supreme Court in accordance with its Rules, and to the extent applicable, the Rules of this Court.
(b)Appointment of the Arbitrator. Upon receipt of a petition, the Court will appoint an Arbitrator.
(c)Preliminary Conference. The Arbitrator will contact the parties’ counsel to set the date and time of the preliminary conference, which shall occur within 10 days after the commencement of the arbitration, unless the parties and the Arbitrator agree, pursuant to Rule 137(c)2. , to extend that time.
(d)Preliminary Hearing. The preliminary hearing shall take place as soon as practicable after the preliminary conference. The Arbitrator shall issue a scheduling order promptly after the preliminary hearing.
(e)Date, Time, and Place of Arbitration. The Arbitrator will set the date, time, and place of the arbitration hearing at the preliminary hearing. The arbitration hearing generally will occur no later than 90 days following receipt of the petition.
(f)Exchange of Information. There shall be pre-hearing exchange of information necessary and appropriate for the parties to prepare for the arbitration hearing and to enable the Arbitrator to understand the dispute, unless the parties agree, with the approval of the Arbitrator, to forego pre-hearing exchange of information. The parties shall, in the first instance, attempt to agree on pre-hearing exchange of 2. Rule 137(c) as referenced in the proposed rules, not the current Superior Court Rule 4(c). information, which may include depositions, and shall present any agreement to the Arbitrator for approval at the preliminary hearing or as soon thereafter as possible. The Arbitrator may require additional exchange of information between and among the parties, or additional submission of information to the Arbitrator. If the parties are unable to agree, they shall present the dispute to the Arbitrator who shall direct such pre-hearing exchange of information as he/she deems necessary and appropriate.
Amendment History
Added, effective Aug. 9, 2011.
Plain-English Summary
Arbitration begins the way mediation does: a petition to the Prothonotary, filed with the required fee and signed by Delaware counsel under Rule 90.1(a), with enough copies for delivery to every party unless the Court says otherwise. The Prothonotary sends the petition out via next business-day delivery, to whoever the parties' agreement names for notice or, if it's silent, to each party's principal place of business or residence, using addresses the petitioning party provides.
The petition has to state the nature of the dispute, the names and addresses of the other parties, and the claims and remedy sought, along with the same eligibility statements mediation petitions carry: that the parties consented to arbitrate, that the Superior Court would have subject matter jurisdiction, that at least one party is a business entity with the required Delaware connection or the dispute is governed by Delaware law, and that no party is a consumer. A petition involving solely a monetary claim also states the amount in controversy. Confidentiality tracks mediation too, with one difference — the petition stays off the public docket and confidential unless the case later becomes the subject of an appeal, at which point the record gets filed with the Supreme Court under that court's rules.
Once the Court receives the petition, it appoints an Arbitrator, who contacts the parties' counsel to set the preliminary conference within 10 days of the arbitration's commencement, unless the parties and Arbitrator agree to push that date back. The preliminary hearing follows as soon as practicable, and the Arbitrator issues a scheduling order promptly after that hearing. The Arbitrator sets the date, time, and place of the arbitration hearing at the preliminary hearing itself, and that hearing generally happens no later than 90 days after the Court receives the petition.
Before the hearing, the parties exchange whatever information is necessary for them to prepare and for the Arbitrator to understand the dispute, unless they agree, with the Arbitrator's approval, to skip that exchange. They try to agree on the scope of that exchange first — which can include depositions — and present any agreement to the Arbitrator at the preliminary hearing or soon after; if they can't agree, the Arbitrator decides what exchange is necessary.
Frequently Asked Questions
Who signs the petition to start arbitration?
Delaware counsel, as defined in Rule 90.1(a) — the same requirement Rule 135 imposes for a mediation petition.
How soon does the preliminary conference happen after arbitration starts?
Within 10 days of commencement, unless the parties and the Arbitrator agree to extend that.
When does the actual arbitration hearing take place?
The Arbitrator sets the date at the preliminary hearing, and it generally occurs no later than 90 days after the Court receives the petition.
Is the arbitration petition confidential like a mediation petition?
Yes, with one difference — it stays confidential and off the public docket unless the matter becomes the subject of an appeal, at which point the record is filed with the Supreme Court under its rules.
Do the parties have to exchange documents before the arbitration hearing?
Generally yes — whatever's necessary for the parties to prepare and for the Arbitrator to understand the dispute — unless the parties agree, with the Arbitrator's approval, to skip that exchange.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
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