reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5714. Vacating an award.

§ 5714. Vacating an award.
(a) Upon complaint or application of a party in an existing case, the Court shall vacate an award where:
(1) The award was procured by corruption, fraud or other undue means;
(2) There was evident partiality by an arbitrator appointed as a neutral except where the award was by confession, or corruption in any of the arbitrators or misconduct prejudicing the rights of any party;
(3) The arbitrators exceeded their powers, or so imperfectly executed them that a final and definite award upon the subject matter submitted was not made;
(4) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor, or refused to hear evidence material to the controversy, or otherwise so conducted the hearing, contrary to the provisions of § 5706 of this title, or failed to follow the procedures set forth in this chapter, so as to prejudice substantially the rights of a party, unless the party applying to vacate the award continued with the arbitration with notice of the defect and without objection; or
(5) There was no valid arbitration agreement, or the agreement to arbitrate had not been complied with, or the arbitrated claim was barred by limitation and the party applying to vacate the award did not participate in the arbitration hearing without raising the objection;
but the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.
(b) An application under this section shall be made within 90 days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue means, it shall be made within 90 days after such grounds are known or should have been known.
(c) In vacating the award on grounds other than stated in paragraph (a)(5) of this section, the Court may order a rehearing and determination of all or any of the issues, before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the Court in accordance with § 5704 of this title, or, if the award is vacated on grounds set forth in paragraphs (a)(3) and (4) of this section, the Court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with § 5704 of this title. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.
(d) If the application to vacate is denied and no motion to modify or correct the award is pending, the Court shall confirm the award.
10 Del. C. 1953, §  5714;  58 Del. Laws, c. 382, §  2;  77 Del. Laws, c. 8, §  7;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5715. Modification or correction of award by Court.

§ 5715. Modification or correction of award by Court.
(a) Upon complaint or on application in an existing case made within 90 days after delivery of a copy of the award to the applicant, the Court shall modify or correct the award where:
(1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award;
(2) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or,
(3) The award is imperfect in a matter of form, not affecting the merits of the controversy.
(b) If the application is granted, the Court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the Court shall confirm the award as made.
(c) An application to modify or correct an award may be joined in the alternative with an application to vacate the award.
10 Del. C. 1953, §  5715;  58 Del. Laws, c. 382, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5716. Judgment or decree on award.

§ 5716. Judgment or decree on award.
Upon the granting of an order confirming, modifying or correcting an award, except in cases where the award is for money damages, a final judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent thereto, and disbursements may be awarded by the Court.
10 Del. C. 1953, §  5716;  58 Del. Laws, c. 382, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5717. Judgment roll; docketing with Register in Chancery.

§ 5717. Judgment roll; docketing with Register in Chancery.
(a) On entry of judgment or decree in cases other than an award for money damages, the Register shall prepare the judgment roll consisting, to the extent filed, of the following:
(1) The agreement and each written extension of the time within which to make the award;
(2) The award;
(3) A copy of the order confirming, modifying or correcting the award; and
(4) A copy of the final judgment or decree.
(b) The judgment or decree may be docketed as if rendered in an action.
10 Del. C. 1953, §  5717;  58 Del. Laws, c. 382, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5718. Transfer of money damage award to Superior Court; lien on real estate.

§ 5718. Transfer of money damage award to Superior Court; lien on real estate.
(a) Upon the granting of an order confirming, modifying or correcting an award for money damages, a duly certified copy of the award and of the order confirming, modifying or correcting the award shall be filed with the prothonotary of the Superior Court in the county where the arbitration was conducted and the award made. The prothonotary shall enter in his or her judgment docket the names of the parties, the amount of the award, the time from which interest, if any, runs, and the amount of the costs, with the true date of such filing and entry. A confirmed award, so entered, shall constitute a judgment or decree on the docket with the same force and effect as if rendered in an action at law.
(b) Any confirmed award so transferred as authorized by subsection (a) of this section, shall, from that date, become and be a lien on all the real estate of the debtor in the county, in the same manner and as fully as judgments rendered in the Superior Court are liens, and may be executed and enforced in the same way as judgments of that Court.
10 Del. C. 1953, §  5718;  58 Del. Laws, c. 382, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5719. Appeals.

§ 5719. Appeals.
(a) Appeals may be taken from:
(1) A final order denying a complaint seeking to compel arbitration made under § 5703(a) of this title;
(2) An order granting an application to enjoin arbitration made under § 5703(b) of this title;
(3) A final order confirming or denying confirmation of an award;
(4) A final order modifying or correcting an award;
(5) A final order vacating an award without directing a rehearing; or
(6) A final judgment or decree entered pursuant to the provisions of this chapter.
(b) The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.
10 Del. C. 1953, §  5719;  58 Del. Laws, c. 382, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5720. Uniformity of interpretation.

§ 5720. Uniformity of interpretation.
This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
10 Del. C. 1953, §  5720;  58 Del. Laws, c. 382, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5721. Short title.

§ 5721. Short title.
This chapter may be cited as the “Delaware Uniform Arbitration Act.”
10 Del. C. 1953, §  5721;  58 Del. Laws, c. 382, §  2;  77 Del. Laws, c. 8, §  8;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5722. Death or incompetency of a party.

§ 5722. Death or incompetency of a party.
Where a party dies after making a written agreement to submit a controversy to arbitration, the proceedings may be begun or continued upon the application of, or upon notice to, the party's executor or administrator, or, where it relates to real property, the party's distributee or devisee who has succeeded to the party's interest in the real property. Where a committee of the property or of the person of a party to such an agreement is appointed, the proceedings may be continued upon the application of, or notice to, the committee. Upon the death or incompetency of a party, the Court may extend the time within which an application to confirm, vacate or modify the award or to stay arbitration must be made. Where a party has died since an award was delivered, the proceedings thereupon are the same as where a party dies after a judgment or decree has been rendered.
10 Del. C. 1953, §  5722;  58 Del. Laws, c. 382, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5723. Arbitration of contracts of State and municipalities.

§ 5723. Arbitration of contracts of State and municipalities.
It shall be lawful to include in any contract hereinafter executed by or on behalf of the State, or any department or agency thereof or by or on behalf of any county, municipal corporation, or other division of the State, a provision that any matter in dispute arising under the said contract shall be submitted to arbitration in accordance with this chapter or such sections thereof as may be set forth in such contract, except as provided in § 5725 of this title.
10 Del. C. 1953, §  5723;  58 Del. Laws, c. 382, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5724. Application of chapter to state and municipal contracts.

§ 5724. Application of chapter to state and municipal contracts.
This chapter applies to any written contract to which the State or any agency or subdivision thereof, or any municipal corporation or political division of the State shall be a party, except as provided in § 5725 of this title.
10 Del. C. 1953, §  5724;  58 Del. Laws, c. 382, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 57. UNIFORM ARBITRATION ACT › § 5725. Exclusion of collective bargaining labor contracts with public and private employers.

§ 5725. Exclusion of collective bargaining labor contracts with public and private employers.
Notwithstanding anything contained in this chapter by word or inference to the contrary, this chapter shall not apply to labor contracts with either public or private employers where such contracts have been negotiated by, or the employees covered thereby are represented by, any labor organization or collective bargaining agent or representative.
10 Del. C. 1953, §  5725;  58 Del. Laws, c. 382, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 58. DELAWARE RAPID ARBITRATION ACT › § 5801. Definitions.

§ 5801. Definitions.
For purposes of this chapter only, unless the context requires otherwise:
(1) “Agreement” means an agreement described in § 5803(a) of this title.
(2) “Arbitration” means an arbitration provided for under this chapter.
(3) “Arbitrator” means a person named in an agreement, selected under an agreement, or appointed by the parties to an agreement or the Court of Chancery, to preside over an arbitration and issue a final award. If an arbitration proceeds before more than 1 arbitrator,
a. References in this chapter to an arbitrator shall be deemed to be references to the arbitrators; and
b. Unless otherwise provided in an agreement, references in this chapter to an act of an arbitrator shall be deemed to be references to an act of a majority of the arbitrators.
(4) “Final award” means an award designated as final and issued in an arbitration by an arbitrator.
(5) “Organization” means a civic association, neighborhood alliance, homeowners maintenance corporation, homeowners maintenance association, common interest community (as defined in § 81-103 of Title 25), or other similar entity charged with or assuming the duties of maintaining the public areas, open space, or common facilities within a residential development or community.
80 Del. Laws, c. 6, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 58. DELAWARE RAPID ARBITRATION ACT › § 5802. Purpose of the chapter.

§ 5802. Purpose of the chapter.
The purpose of the Delaware Rapid Arbitration Act is to give Delaware business entities a method by which they may resolve business disputes in a prompt, cost-effective, and efficient manner, through voluntary arbitration conducted by expert arbitrators, and to ensure rapid resolution of those business disputes. This chapter is intended to provide an additional option by which sophisticated entities may resolve their business disputes. Therefore, nothing in this chapter is intended to impair the ability of entities to use other arbitral procedures of their own choosing, including procedures that afford lengthier proceedings and allow for more extensive discovery.
80 Del. Laws, c. 6, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 58. DELAWARE RAPID ARBITRATION ACT › § 5803. Effect of arbitration agreement.

§ 5803. Effect of arbitration agreement.
(a) A written agreement to submit to arbitration any controversy existing at or arising after the effective date of the agreement is valid, enforceable, and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract, without regard to the justiciable character of the controversy, so long as:
(1) The agreement is signed by the parties to an arbitration;
(2) At least 1 party to the agreement is a business entity, as that term is defined in § 346 of this title, formed or organized under the laws of this State or having its principal place of business in this State;
(3) No party to the agreement is a consumer, as that term is defined in § 2731 of Title 6, or an organization, as that term is defined in this chapter;
(4) The agreement provides that it shall be governed by or construed under the laws of this State, without regard to principles of conflict of laws, regardless of whether the laws of this State govern the parties' other rights, remedies, liabilities, powers and duties; and
(5) The agreement includes an express reference to the “Delaware Rapid Arbitration Act.”
During the pendency of an arbitration, an agreement may be amended to alter the procedures of the arbitration only with the approval of an arbitrator, but the agreement may not be amended so as to alter the time set forth in 5808(b) of this title.
(b) A party to an agreement is deemed to have waived objection and consented to:
(1) The arbitration procedures set forth in this chapter;
(2) The submission exclusively to an arbitrator of issues of substantive and procedural arbitrability;
(3) The exclusive personal and subject matter jurisdiction of an arbitration, the seat of which is this State, regardless of the place of a hearing;
(4) The exclusive personal and subject matter jurisdiction of the courts of the State for the limited purposes set forth in § 5804 of this title; and
(5) Except as otherwise limited by the agreement, an arbitrator's power and authority to:
a. Determine in the first instance the scope of the arbitrator's remedial authority, subject to review solely under § 5809 of this title; and
b. Grant relief, including to award any legal or equitable remedy appropriate in the sole judgment of the arbitrator.
(c) A party to an agreement is deemed to have waived the right to:
(1) Seek to enjoin an arbitration;
(2) Remove any action under this chapter to a federal court;
(3) Appeal or challenge an interim ruling or order of an arbitrator;
(4) Appeal or challenge a final award, except under § 5809 of this title; and
(5) Challenge whether an arbitration has been properly held, except under § 5809 of this title.
80 Del. Laws, c. 6, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 58. DELAWARE RAPID ARBITRATION ACT › § 5804. Jurisdiction.

§ 5804. Jurisdiction.
(a) Jurisdiction of the Supreme Court. — Except as otherwise provided in an agreement, the making of the agreement confers jurisdiction on the Supreme Court of the State to hear only a challenge to a final award under § 5809 of this title. The Supreme Court does not have jurisdiction to hear appeals of:
(1) The appointment of an arbitrator under § 5805 of this title;
(2) The determination of an arbitrator's fees under § 5806(b) of this title;
(3) The issuance or denial of an injunction in aid of arbitration under paragraph (b)(5) of this title; and
(4) The grant or denial of an order enforcing a subpoena issued under § 5807(b) of this title.
A party to any agreement shall be deemed to have waived the right to such appeals. The Supreme Court, in consultation with the Court of Chancery, may publish rules for arbitration proceedings under this chapter and, unless an agreement provides for different rules, may specify that those rules govern arbitration proceedings under this chapter.
(b) Jurisdiction of the Court of Chancery. — The making of an agreement confers jurisdiction on the Court of Chancery of the State only to:
(1) Appoint an arbitrator under § 5805 of this title;
(2) Enter judgment under § 5810(b) of this title;
(3) Upon the request of an arbitrator, enforce a subpoena issued under § 5807(b) of this title;
(4) Determine an arbitrator's fees under § 5806(b) of this title; and
(5) Issue, only before an arbitrator accepts appointment as such, an injunction in aid of an arbitration, provided that the injunction may not divest the arbitrator of jurisdiction or authority. Notwithstanding the foregoing, no court has jurisdiction to enjoin an arbitration under this chapter.
The Court of Chancery may promulgate rules to govern proceedings under this chapter.
(c) Jurisdiction of the Superior Court. — The making of an agreement confers jurisdiction on the Superior Court of the State only to enter judgment under § 5810(c) of this title.
80 Del. Laws, c. 6, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 58. DELAWARE RAPID ARBITRATION ACT › § 5805. Appointment of arbitrator by the Court of Chancery.

§ 5805. Appointment of arbitrator by the Court of Chancery.
(a) The Court of Chancery of the State, on petition or on application of a party in an existing case, has exclusive jurisdiction to appoint 1 or more arbitrators upon:
(1) The consent of all parties to an agreement;
(2) The failure or inability of an arbitrator named in or selected under an agreement to serve as an arbitrator;
(3) The failure of an agreement to name an arbitrator or to provide a method for selecting an arbitrator;
(4) The inability of the parties to an agreement to appoint an arbitrator; or
(5) The failure of a procedure set forth in an agreement for selecting an arbitrator.
Following the petition or application, each party shall propose to the Court of Chancery no more than 3 persons that are qualified and willing to serve as an arbitrator.
(b) (1) The Court of Chancery shall, within 30 days of the service of the petition or application, appoint an arbitrator and, in so doing, may take into account:
a. The terms of an agreement;
b. The persons proposed by the parties; and
c. Reports made under § 5806(d) of this title.
(2) An arbitrator appointed by the Court of Chancery may only be:
a. A person named in or selected under an agreement;
b. A person expert in any nonlegal discipline described in an agreement; or
c. A member in good standing of the Bar of the Supreme Court of the State for at least 10 years.
An arbitrator so appointed has all the powers of an arbitrator specifically named in an agreement. Unless otherwise provided in an agreement, the Court of Chancery shall appoint a single arbitrator.
80 Del. Laws, c. 6, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 58. DELAWARE RAPID ARBITRATION ACT › § 5806. Arbitrator; fees and expenses of arbitration.

§ 5806. Arbitrator; fees and expenses of arbitration.
(a) A person accepting an appointment as an arbitrator is deemed to have:
(1) Consented to the terms of this chapter; and
(2) Accepted the consequences set forth in subsection (b) of this section for failing to comply with the provisions of § 5808(b) of this title.
An arbitrator is immune from civil liability for or resulting from any act or omission done or made in connection with an arbitration, unless the arbitrator's act or omission was made or done in bad faith, with malicious intent, or in a manner exhibiting a wilful, wanton disregard of the rights, safety, or property of another.
(b) Unless otherwise provided in an agreement, an arbitrator's fees and expenses, together with other expenses incurred in the conduct of an arbitration, but not including counsel fees of parties to the arbitration, shall be borne as provided in a final award. Notwithstanding the foregoing, an arbitrator that fails to issue a final award in compliance with § 5808(b) of this title is not entitled to full payment of the arbitrator's fees. The arbitrator's fees must be reduced by 25% if the final award is less than 30 days late; the arbitrator's fees must be reduced by 75% if the final award is between 30 and 60 days late; and the arbitrator's fees must be reduced by 100% if the final award is more than 60 days late. Notwithstanding the foregoing sentence, upon petition by an arbitrator, the Court of Chancery may summarily determine, on clear and convincing evidence, that exceptional circumstances exist such that the reductions in the foregoing sentence should be modified or eliminated.
(c) An arbitrator may retain appropriate counsel, in consultation with the parties. The arbitrator's counsel may make rulings on issues of law, to the extent requested to do so by the arbitrator, which shall have the same effect as a ruling by the arbitrator, if the arbitrator so determines. The fees and expenses incurred by the arbitrator's counsel must be included in the arbitrator's expenses described in subsection (b) of this section.
(d) An arbitrator that fails to issue a final award in compliance with § 5808(b) of this title shall, within 90 days of the failure, report that failure to the Register in Chancery, indicating:
(1) The date on which the arbitrator accepted appointment as an arbitrator; and
(2) The date on which the final award was issued.
80 Del. Laws, c. 6, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 58. DELAWARE RAPID ARBITRATION ACT › § 5807. Hearing; witnesses; prehearing evidence gathering; rulings before final award.

§ 5807. Hearing; witnesses; prehearing evidence gathering; rulings before final award.
(a) Unless otherwise provided in an agreement, an arbitrator shall appoint a time and place for a hearing or an adjourned hearing, either of which may be held within or without the State and within or without the United States. Notwithstanding the foregoing sentence, the seat of an arbitration is the State of Delaware. Unless otherwise provided in an agreement, a party to an arbitration is entitled to be heard, to present evidence relevant to the arbitration, and to cross-examine witnesses appearing at a hearing. Notwithstanding the foregoing, an arbitrator may make such interim rulings and issue such interim orders as the arbitrator deems necessary to determine what evidence and which witnesses may be presented at the hearing, including to limit the presentation of evidence and witnesses as necessary to satisfy § 5808(b) of this title. An arbitrator may resolve an arbitration on the evidence produced at a hearing notwithstanding the failure of a party duly notified to appear or participate at the hearing.
(b) Unless otherwise provided in an agreement, an arbitrator has the power to administer oaths and may compel the attendance of witnesses and the production of books, records, contracts, papers, accounts, and all other documents and evidence. Only if provided in an agreement, an arbitrator has the power to issue subpoenas, and all provisions of law compelling a person under subpoena to testify are applicable. Only if provided in an agreement, an arbitrator may award commissions to permit a deposition to be taken, in the manner and on the terms designated by the arbitrator, of a witness who cannot be subpoenaed.
(c) An arbitrator may make such rulings, including rulings of law, and issue such orders or impose such sanctions as the arbitrator deems proper to resolve an arbitration in a timely, efficient, and orderly manner.
80 Del. Laws, c. 6, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 58. DELAWARE RAPID ARBITRATION ACT › § 5808. Awards.

§ 5808. Awards.
(a) A final award must be in writing and signed by an arbitrator, must be provided to each party to an arbitration, and must include a form of judgment for entry under § 5810 of this title. Unless otherwise provided in an agreement, an arbitrator may make any award, whether legal or equitable in nature, deemed appropriate by the arbitrator. Unless otherwise provided in an agreement, an arbitrator may make in a final award rulings on any issue of law that the arbitrator considers relevant to an arbitration.
(b) Subject to subsection (c) of this section, an arbitrator shall issue a final award within the time fixed by an agreement or, if not so fixed, within 120 days of the arbitrator's acceptance of the arbitrator's appointment.
(c) Parties to an arbitration may extend the time for the final award by unanimous consent in writing either before or after the expiration of that time, but the extension may not exceed, whether singly or in the aggregate, 60 days after the expiration of the period set by subsection (b) of this section.
80 Del. Laws, c. 6, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 58. DELAWARE RAPID ARBITRATION ACT › § 5809. Challenges; court powers to vacate, modify, or correct a final award.

§ 5809. Challenges; court powers to vacate, modify, or correct a final award.
(a) A challenge to a final award may be taken to the Supreme Court of the State in the manner as appeals are taken from orders or judgments in a civil action.
(b) A challenge to a final award must be taken within 15 days of the issuance of the final award. The record on the challenge is as filed by the parties to the challenge in accordance with the Rules of the Supreme Court.
(c) In a challenge to a final award, the Supreme Court of the State may only vacate, modify, or correct the final award in conformity with the Federal Arbitration Act [9 U.S.C. § 1 et seq.]. The Supreme Court shall have the authority to order confirmation of a final award, which confirmation shall be deemed to be confirmation under § 5810(a) of this title.
(d) Notwithstanding any other provision of this section, an agreement may provide for:
(1) No appellate review of a final award; or
(2) Appellate review of a final award by 1 or more arbitrators, in which case appellate review shall proceed as provided in the agreement. An appellate arbitrator may be appointed by the Court of Chancery of the State under § 5805 of this title. An appellate arbitrator shall have authority to order confirmation of a final award, which confirmation shall be deemed to be confirmation under § 5810(a) of this title.
80 Del. Laws, c. 6, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 58. DELAWARE RAPID ARBITRATION ACT › § 5810. Confirmation of a final award; judgment on final award.

§ 5810. Confirmation of a final award; judgment on final award.
(a) Unless a challenge is taken under § 5809 of this title or unless an agreement provides for appellate review by 1 or more arbitrators, a final award, without further action by the Court of Chancery of the State, is deemed to have been confirmed by the Court of Chancery on the fifth business day following the period for challenge under § 5809(b) of this title. If an agreement provides for no appellate review of a final award, the final award is deemed to have been so confirmed on the fifth business day following its issuance.
(b) Except if a final award is solely for money damages, upon application to the Court of Chancery of the State by a party to an arbitration in which a final award has been confirmed under subsection (a) of this section, the Court of Chancery shall promptly enter a final judgment in conformity with that final award. A final judgment, so entered, has the same effect as if rendered in an action by the Court of Chancery.
(c) If a final award is solely for money damages, upon application to the Superior Court of the State by a party to an arbitration in which a final award has been confirmed under subsection (a) of this section, the prothonotary of the Superior Court shall promptly enter a judgment on the judgment docket in conformity with that final award. The prothonotary of the Superior Court shall enter in the judgment docket the names of the parties, the amount of the final award, the time from which interest, if any, runs, and the amount of the costs, with the true date of the filing and entry. A final judgment, so entered, has the same force and effect as if rendered in an action at law, and, from that date, becomes and is a lien on all the real estate of the debtor in the county, in the same manner and as fully as judgments rendered in the Superior Court are liens, and may be executed and enforced in the same way as judgments of the Superior Court.
80 Del. Laws, c. 6, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 59. CHANGE OF NAME › § 5901. Petition for change of name. [For application of this section, see 82 Del. Laws, c. 84, § 5]

§ 5901. Petition for change of name. [For application of this section, see 82 Del. Laws, c. 84, § 5]
(a) Except as provided in subsection (b) of this section, any person who desires to change his or her name, shall present a petition, duly verified, to the Court of Common Pleas sitting in the county in which the person resides. The petition shall set forth such person's name and the name he or she desires to assume.
(b) Family Court shall have jurisdiction over a change of name:
(1) As part of divorce proceedings;
(2) As part of the establishment of paternity under the Uniform Parentage Act [Chapter 8 of Title 13]; or
(3) If the subject of the petition is a minor.
(c) The common law right of any person to change his or her name is hereby abrogated as to individuals subject to the supervision of the State of Delaware Department of Correction. Such individuals may only effect a name change by petitioning the Court of Common Pleas as follows:
(1) Individuals subject to the supervision of the Department of Correction shall be prohibited from adopting any names other than their legal names or otherwise effecting name changes, except as provided in this subsection.
(2) When, based upon testimony or sworn affidavits, the Court finds that a petition for a name change of an individual subject to the supervision of the Department of Correction is motivated by a sincerely held religious belief or gender identity, the Court may grant such petition. In any case in which an individual subject to the supervision of the Department of Correction petitions the Court of Common Pleas for a change of name, the Court shall provide notice and opportunity to oppose the name change to the Department of Correction and shall permit it to submit any appropriate documentation in support of its opposition.
(3) If an individual is granted a name change pursuant to paragraph (c)(2) of this section, he or she must provide all names previously held or adopted, as well as his or her legal name when signing any legal document or providing information to a law-enforcement officer.
(4) The granting of any name changes pursuant to this subsection shall not restrict the Department of Correction from maintaining institutional files or otherwise referring to individuals by the names under which they became subject to the Department's supervision.
27 Del. Laws, c. 264, §  1;  Code 1915, §  4657;  Code 1935, §  5115;  10 Del. C. 1953, §  5901;  59 Del. Laws, c. 512, §  1;  67 Del. Laws, c. 103, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 479, §  1;  80 Del. Laws, c. 52, §  1;  82 Del. Laws, c. 84, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 59. CHANGE OF NAME › § 5902. Requirements for minor's petition.

§ 5902. Requirements for minor's petition.
If the name sought to be changed under this chapter is that of a minor, the petition shall be signed by at least 1 of the minor's parents, if there is a parent living, or if both parents are dead, by the legal guardian of such minor. When the minor is over the age of 14, the petition shall also be signed by the minor.
27 Del. Laws, c. 264, §  2;  Code 1915, §  4658;  Code 1935, §  5116;  10 Del. C. 1953, §  5902;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 59. CHANGE OF NAME › § 5904. Determination by Court [For application of this section, see 81 Del. Laws, c. 141, § 2.].

§ 5904. Determination by Court [For application of this section, see 81 Del. Laws, c. 141, § 2.].
(a) Upon presentation of a petition for change of name under this chapter, and it appearing that the requirements of this chapter have been fully complied with, and there appearing no reason for not granting the petition, the prayer of the petition may be granted.
(b) If a parent or legal guardian of a minor files a petition under this chapter and seeks to add that parent's or legal guardian's surname to the minor's surname either as an additional name or hyphenated with the minor's previously existing surname, or if a legal guardian who holds permanent guardianship of a minor files a petition under this chapter and seeks to change that minor's entire name, there is a presumption in favor of granting the petition. A parent or legal guardian opposing a petition filed under this chapter has the burden to overcome the presumption by establishing by clear and convincing evidence that the totality of the following factors demonstrates that granting the petition would cause the minor more harm than benefit:
(1) The length of time that a surname has been used for or by the minor.
(2) The minor's reasonable preference for a surname.
(3) The effect of the change of the minor's surname on the preservation and development of the minor's relationship with each parent or legal guardian.
(4) The identification of the minor as a part of the family unit or, if applicable, multiple family units.
27 Del. Laws, c. 264, §  4;  Code 1915, §  4660;  Code 1935, §  5118;  10 Del. C. 1953, §  5904;  81 Del. Laws, c. 141, § 1;  81 Del. Laws, c. 332, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 59. CHANGE OF NAME › § 5905. Costs.

§ 5905. Costs.
The costs of any proceeding under this chapter shall be paid by the petitioner.
27 Del. Laws, c. 264, §  5;  Code 1915, §  4661;  Code 1935, §  5119;  10 Del. C. 1953, §  5905;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 61. CONDEMNATION › § 6101. Application of chapter.

§ 6101. Application of chapter.
This chapter shall govern the procedure for all condemnations of real and personal property within this State under the power of eminent domain exercised by any authority whatsoever, governmental or otherwise.
48 Del. Laws, c. 271, §  1;  10 Del. C. 1953, §  6101;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 61. CONDEMNATION › § 6102. Jurisdiction of Superior Court; filing of complaint.

§ 6102. Jurisdiction of Superior Court; filing of complaint.
All condemnation proceedings within the State shall be commenced by filing a complaint as provided in this chapter in the Superior Court in and for the county where the property is located, or if part of such property is situated in 1 county and part in another, then in either county. The Superior Court shall have exclusive jurisdiction of all condemnation proceedings.
48 Del. Laws, c. 271, §  2;  10 Del. C. 1953, §  6102;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 61. CONDEMNATION › § 6103. Applicability of Superior Court Rules.

§ 6103. Applicability of Superior Court Rules.
The Rules of the Superior Court shall govern, insofar as applicable, all condemnation proceedings of real and personal property under the power of eminent domain, except as otherwise provided in this chapter.
48 Del. Laws, c. 271, §  3;  10 Del. C. 1953, §  6103;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 61. CONDEMNATION › § 6104. Joinder of properties.

§ 6104. Joinder of properties.
The plaintiff may join in the same action, under this chapter, 1 or more separate pieces of property, whether in the same or different ownership and whether or not sought for the same use.
48 Del. Laws, c. 271, §  4;  10 Del. C. 1953, §  6104;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 61. CONDEMNATION › § 6105. Complaint; parties.

§ 6105. Complaint; parties.
(a) A complaint under this chapter shall contain a caption as provided in Rule 10(a) of the Rules of the Superior Court, except that the plaintiff shall name as defendants the property, designated generally by kind, quantity, and location, and at least one of the owners of some part of or interest in the property.
(b) The complaint shall contain a short and plain statement of the authority for the taking, the use for which the property is to be taken consistent with § 9501A of Title 29, the compliance with § 9505(15) of Title 29, a description of the property sufficient for its identification, the interest to be acquired, and, as to each separate piece of property, a designation of the defendants who have been joined as owners thereof or of some interest therein.
(c) Upon the commencement of the action, the plaintiff need join as defendants only the persons having or claiming an interest in the property whose names are then known, but prior to any hearing involving the determination of compensation to be paid, the plaintiff shall add as defendants all persons having or claiming an interest in the property whose names can be ascertained by a search of the records to the extent commonly made by competent searchers of title in the vicinity in the light of the character and value of the property involved and the interest to be acquired, and also those whose names have otherwise been learned. All others may be made defendants under the designation “Unknown Owners.”
(d) Process shall be served as provided in § 6106 of this title upon all defendants, whether named as defendants at the time of the commencement of the action or subsequently added, and a defendant may answer as provided in § 6107 of this title.
(e) In the event that § 9501A(d) of Title 29 applies, then the Court shall schedule a hearing for the agency to meet its burden to establish a public use as defined in 9501A of Title 29.
48 Del. Laws, c. 271, §  5;  10 Del. C. 1953, §  6105;  77 Del. Laws, c. 12, §§  3, 4;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 61. CONDEMNATION › § 6106. Process; notice of publication.

§ 6106. Process; notice of publication.
(a) Upon the filing of a complaint under this chapter, the prothonotary shall issue summons, in appropriate form, directed to all of the defendants designated or named in the complaint, which summons shall be personally served in like manner as other writs of summons in the Court in accordance with Rule 4(d) and (f)(1)(I), (III), (IV) of the Rules of the Superior Court.
(b) If it appears by affidavit of the plaintiff or the plaintiff's attorney that any defendant cannot be personally served with summons, because he or she is outside of this State, or because after diligent inquiry his or her place of residence cannot be ascertained by the plaintiff, or if any defendant is an infant or incompetent person or under some other legal disability, the Court may make an order directing that service shall be made upon any such defendant by publishing a notice, substantially in the form prescribed in subsection (c) of this section, in a newspaper of general circulation in the county in which the proceeding is pending, at least once a week for 2 successive weeks. Such service by publication shall be supplemented by service by registered mail, where practicable, as the Court in its order may direct. Notice to unknown owners shall be given by publication in like manner by notice addressed to “unknown owners,” coupled, if practicable, with an appropriate identification of the alleged source of their interest in the property, as the Court may direct. Proof of publication and of mailing, if required, shall be made by affidavit of the plaintiff or the plaintiff's attorney on or before such time as the Court may fix.
(c) The notice referred to in subsection (b) of this section shall set forth the name of the Court, the title of the action, the name or names of the defendant or defendants to whom it is directed, a statement that the action is one for the condemnation of property, a brief description of such property reasonably sufficient for its identification, the extent of the interest to be taken, the authority for the taking, and the use or uses for which the property is to be taken. The notice shall also state that any defendant shall serve and file, in accordance with the rules of court, an answer within 20 days after the date of the first publication of the notice, in default of which no objection or defense to the taking of the property will be heard. The notice shall also specify the name and address of the plaintiff's attorney therein.
48 Del. Laws, c. 271, §  6;  10 Del. C. 1953, §  6106;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 61. CONDEMNATION › § 6107. Objections or defenses to taking.

§ 6107. Objections or defenses to taking.
Any objection or defense to the taking of the property, or any interest therein, by any defendant, shall be made by answer. Any such answer setting forth any such objection or defense shall identify the property in which the answering defendant claims to have an interest, shall state the nature and extent of the interest claimed, and shall state specifically any such objections or defenses to the taking of the property. All objections and defenses not so presented shall be deemed waived. After the disposition of all such objections and defenses the cause shall proceed to the trial of the issue of just compensation.
48 Del. Laws, c. 271, §  7;  10 Del. C. 1953, §  6107;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 61. CONDEMNATION › § 6109. Dismissal of action.

§ 6109. Dismissal of action.
(a) In a condemnation proceeding under this chapter, if no hearing has begun to determine the compensation to be paid for a piece of property and the plaintiff has not acquired the title or a lesser interest in or taken possession thereof, the plaintiff may dismiss the action as to that property, without an order of the Court, by filing a notice of dismissal setting forth a brief description of the property as to which the action is dismissed.
(b) Before the entry of any award or possession of property is taken by the plaintiff, the action may be dismissed, in whole or in part, without an order of the Court, as to any property by filing a stipulation of dismissal by the plaintiff and the defendant affected thereby, and, if the parties so stipulate, the Court may vacate any award that has been entered.
(c) At any time before compensation for a piece of property has been determined and paid and, after motion and hearing, the Court may dismiss the action as to that party, except that it shall not dismiss the action as to any part of the property of which the plaintiff has taken possession, or in which the plaintiff has taken title or a lesser interest, but shall award just compensation for the possession, title or lesser interest so taken. The Court at any time may drop a defendant unnecessarily or improperly joined.
(d) Except as otherwise provided in the notice or stipulation of dismissal, or order of the Court, any dismissal is without prejudice.
48 Del. Laws, c. 271, §  9;  10 Del. C. 1953, §  6109;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 61. CONDEMNATION › § 6110. Entry into possession; requirements.

§ 6110. Entry into possession; requirements.
(a) At any time after the filing of any condemnation proceeding under this chapter, the plaintiff, upon the filing of a notice of intention to take possession of the property sought to be condemned, or any part thereof, on a day therein specified, and upon deposit in Court of the sum of money estimated by plaintiff to be just compensation for the property or the part thereof taken, has the right to enter into possession, occupy or take the property from and after such day, upon entry of an appropriate order by the Court, which order may be made ex parte and without notice.
(b) Upon application of any party in interest, the Court may order the money so deposited in Court, or any part thereof, be paid forthwith for or on account of just compensation to be awarded in the proceeding and such payment shall not jeopardize any party's right to prove just compensation in a greater or less amount. If the compensation finally awarded to any defendant exceeds the amount paid to the defendant on distribution of the deposit, the Court shall credit the payment to the final award and if the compensation finally awarded to any defendant is less than the amount which has been paid to the defendant, the Court shall enter judgment against the defendant in favor of the plaintiff for such overpayment.
(c) In any case where possession has been so taken the obligation of the plaintiff to pay the amount ultimately determined as just compensation in the cause shall be absolute. Title shall vest in plaintiff on the date of payment of the final award.
48 Del. Laws, c. 271, §  10;  10 Del. C. 1953, §  6110;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 61. CONDEMNATION › § 6112. Review.

§ 6112. Review.
There shall be a right of review in every condemnation cause from the final confirmed award of the Superior Court to the Supreme Court as in the manner provided for review of any other final civil judgment of the Superior Court. Any such review must be instituted within 1 month from the time of entry of the final confirmed award of the Superior Court.
48 Del. Laws, c. 271, §  12;  10 Del. C. 1953, §  6112;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 61. CONDEMNATION › § 6113. Time for payment of award; interest.

§ 6113. Time for payment of award; interest.
In the event no review of a condemnation cause is taken, the plaintiff or plaintiffs may pay or tender the amount of the award within 2 months after the entry of the confirmed award of the Superior Court, and in the event a review to the Supreme Court is taken, plaintiff or plaintiffs may pay or tender the amount thereof within 1 month of the entry of any final award entered pursuant to the mandate of the Supreme Court. Interest shall accrue on the award from the date of taking possession or from the date of the award, whichever first occurs.
48 Del. Laws, c. 271, §  13;  10 Del. C. 1953, §  6113;