As amended through November 14, 2024
Rule 96 - Appointment of Arbitrator Under Delaware Rapid Arbitration Act(a) Scope. This rule governs the procedure in a summary proceeding to appoint an arbitrator under 10 Del. C. § 5805.(b) Commencement of proceeding. Commencement of the proceeding under this rule shall be made under Rule 3. Service of the petition or application must be made under Rules 4 or 5, as appropriate.(c) Defenses. A respondent may, but need not, serve an answer within 5 days after service of the petition or application. No counterclaims or cross-claims may be asserted in the answer.(d) List of proposed arbitrators. The parties must file with the Court a joint list of persons that are qualified and willing to serve as an arbitrator under the Delaware Rapid Arbitration Act, 10 Del. C. § 5801 et seq. Unless the Court directs otherwise, the list must be filed (1) within 7 days after service of the petition or application or (2) within 3 days after service of the answer, whichever is later. The list may be filed by any party, but the list must include all persons proposed by all parties, without indicating which party proposed which person.(e) Limitation of proceeding. Unless the Court directs otherwise, the parties may not take discovery in the proceeding. No dispositive motions may be filed in the proceeding.