Del. Rap. Arbit. R. 17
There shall be an 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 consent of the Arbitrator, to forgo prehearing exchange of information.
The parties shall, in the first instance, attempt in good faith to agree on pre-hearing exchange of information, which may include depositions, and shall present any agreement to the Arbitrator for approval at the Preliminary Conference 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 on any matter relating to the exchange of information, they shall present the dispute to the Arbitrator promptly, and the Arbitrator shall direct such exchange of information as the Arbitrator deems necessary and appropriate, taking into account the importance of the information to the Arbitration, the burden of producing the information, and such other factors as the Arbitrator deems relevant. The scope of information subject to exchange should ordinarily be substantially less broad than the scope of information that might be subject to discovery in civil litigation.
Unless otherwise agreed by the parties, information exchanged between the parties shall be used exclusively for purposes of the Arbitration, shall be maintained on a confidential basis by the other parties, and shall be returned or destroyed upon conclusion of the Arbitration, except in the event of a challenge to a final award under 10 Del. C. § 5809 or an appeal under such arbitral appeal procedures as the Arbitration Agreement may prescribe.
The Arbitrator may make such rulings, including rulings of law, and issue such orders or impose such sanctions for violations of discovery orders as the Arbitrator deems proper to resolve the Arbitration in a timely, efficient and orderly manner.
Del. Rap. Arbit. R. 17