Rule 137.Arbitration

Part XVI: Rules Governing Mediation and Arbitration Proceedings for Business Disputes · Last amended August 9, 2011 · Last verified July 28, 2026

In one sentenceRule 137 governs Superior Court arbitration of business disputes under 10 Del. C. Section 546, sets the same $100,000 eligibility threshold for purely monetary claims, applies Rules 26 through 37's discovery provisions unless the parties or Arbitrator say otherwise, and defines the roles and stages of the arbitration process.

Full Text of Rule 137

Text sizeJump to: (a) (b) (c) (d)

(a) These rules shall govern the procedure in arbitration proceedings for business disputes pursuant to 10 Del. C. § 546.

(b) In the case of business disputes involving solely a claim for monetary damages, a matter will be eligible for arbitration only if the amount in controversy exceeds one-hundred thousand dollars.

(c) The parties with the consent of the Arbitrator may change any of these arbitration rules by agreement and/or adopt additional rules. Except to the extent inconsistent with these rules, or as modified by the Arbitrator or the parties, Superior Court Rules 26 through 37 shall apply to the Arbitration proceeding.

(d) Definitions.

(1) “Arbitration” means the voluntary submission of a dispute to an Arbitrator for final and binding determination and includes all contracts between the Arbitrator and any party or parties, until such time as a final decision is rendered or the parties discharge the Arbitrator.1.

(2) “Arbitrator” means a judge or commissioner sitting permanently in the Court. Absent agreement of the parties, the Arbitrator shall not have served as the Mediator in a mediation of the dispute under the Superior Court Rules.

(3) “Preliminary conference” means a telephonic conference with the parties and/or their attorneys or other representatives.

(i) to obtain additional information about the nature of the dispute and the anticipated length of hearing and scheduling, (ii) to obtain conflicts statements from the parties, and (iii) to consider with the parties whether mediation or other non-adjudicative methods of dispute resolution might be appropriate.

(4) “Preliminary Hearing” means a telephonic conference with the parties and/or their attorneys or other representatives to consider, without limitation:

(i) service of statements of claims, damages and defenses, a statement of the legal issues asserted by each party and positions with respect thereto, and any legal authorities upon which the parties rely, (ii) stipulations of fact, (iii) the scope of discovery, (iv) exchanging and pre-marking of exhibits for the hearing, (v) the identification and availability of witnesses, including experts, and such matters with respect to witnesses, including their qualifications and expected testimony as may be appropriate, (vi) whether, and to what extent, any sworn statements and/or depositions may be introduced, (vii) the length of hearing, (viii) whether a stenographic or other official record of the proceedings shall be maintained, (ix) the possibility of mediation or other non-adjudicative methods or dispute resolution, and (x) the procedure for the issuance of subpoenas.

(5) “Scheduling order” means the order of the Arbitrator setting forth the pre-hearing activities and the hearing procedures that will govern the arbitration.

(6) “Arbitration hearing” means the proceeding, which may take place over a number of days, pursuant to which the petitioner presents evidence to support its claim and the respondent presents evidence to support its defense, and witnesses for each party shall submit to questions from the Arbitrator and the adverse party, subject to the discretion of the Arbitrator to vary this procedure so long as parties are treated equally and each party has the right to be heard and is given a fair opportunity to present its case.

(7) “Consent to Arbitrate,” means a written or oral agreement to engage in arbitration in the Superior Court and shall constitute consent to these rules. Provided that the parties and the amount in 1. Arbitrate has previously been defined as “a process by which a neutral arbitrator hears both sides of a controversy and renders a fair decision based on the law. If the parties stipulate in writing, the decision shall be binding. Arbitration may be mandatory or by agreement.” Super. Ct. Civ. R. 16. Because this definition fails to encapsulate the “voluntariness” required by House Bill 433, the Court of Chancery rule is closer to the legislative intent. controversy meet the eligibility requirements in 10 Del. C. § 546, which apply to the arbitration of business disputes, a consent to arbitrate is acceptable if it contains the following language: “The parties agree that any dispute arising under this agreement shall be arbitrated in the Superior Court of the State of Delaware, pursuant to 10 Del. C. § 546.”

End

Amendment History

Added, effective Aug. 9, 2011.

Plain-English Summary

Rule 137 opens the arbitration half of Part XVI, authorized by 10 Del. C. Section 546. As with mediation, a business dispute involving solely a claim for monetary damages is eligible for arbitration only if the amount in controversy exceeds $100,000. The parties, with the Arbitrator's consent, can change these rules or adopt additional ones, and Superior Court Rules 26 through 37 — the ordinary discovery rules — apply to the arbitration except where they conflict with these rules or get modified by the Arbitrator or the parties.

Rule 137(d) defines the terms that carry through the rest of Part XVI's arbitration provisions. Arbitration is the voluntary submission of a dispute for a final, binding decision. The Arbitrator is a judge or commissioner sitting permanently in the Court, and, absent the parties' agreement otherwise, can't be the same person who mediated the dispute. A preliminary conference is an early telephonic call to learn about the dispute, get conflicts information, and consider whether mediation might make more sense. A preliminary hearing is a more substantive telephonic session covering claims and defenses, stipulations, the scope of discovery, exhibits, witnesses, whether sworn statements or depositions can come in, hearing length, whether there's an official record, and subpoena procedure. The Arbitrator's scheduling order then sets the pre-hearing and hearing procedures that will govern.

The arbitration hearing itself is where the petitioner presents its case and the respondent presents its defense, with witnesses answering questions from the Arbitrator and the other side — though the Arbitrator can adjust that format as long as both sides get equal treatment and a fair chance to be heard.

Frequently Asked Questions

What amount in controversy does a purely monetary business dispute need for arbitration eligibility?

It must exceed $100,000, the same threshold Rule 134 sets for mediation.

Do the Superior Court's ordinary discovery rules apply in arbitration?

Yes. Rule 137(c) applies Rules 26 through 37 to the arbitration, except to the extent they conflict with these rules or get modified by the Arbitrator or the parties.

Can the same person who mediated my dispute also serve as the Arbitrator?

Only if the parties agree. Rule 137(d)(2) otherwise bars the Arbitrator from having served as Mediator in the same dispute.

What's the difference between a preliminary conference and a preliminary hearing?

The preliminary conference is an early call covering the dispute's nature, anticipated hearing length, and conflicts, plus whether mediation might work. The preliminary hearing is a more detailed session covering claims, discovery scope, exhibits, witnesses, and hearing logistics.

What law authorizes Superior Court arbitration of business disputes?

10 Del. C. Section 546.

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

Also known as: delaware business arbitration rules10 del c 546 arbitrationdelaware arbitrator definition rule 137superior court arbitration $100,000 threshold