Delaware Code

10 Del. C. § 349 (2026)

Arbitration proceedings for business disputes

✓ current as of May 2026

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(a) The Court of Chancery shall have the power to arbitrate business disputes when the parties request a member of the Court of Chancery, or such other person as may be authorized under rules of the Court, to arbitrate a dispute. For a dispute to be eligible for arbitration under this section, the eligibility criteria set forth in § 347(a) and (b) of this title must be satisfied, except that the parties must have consented to arbitration rather than mediation.

(b) Arbitration proceedings shall be 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 the Court of Chancery.

(c) Any application to vacate, stay, or enforce an order of the Court of Chancery issued in an arbitration proceeding under this section shall be filed with the Supreme Court of this State, which shall exercise its authority in conformity with the Federal Arbitration Act [68 P.L. 401; 68 Cong. Ch. 213, 43 Stat. 883, codified as 9 U.S.C. §§ 1-16, 201-208, and 301-307], and such general principles of law and equity as are not inconsistent with that Act.

77 Del. Laws, c. 8, § 1;

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2012–2021 · leading case: Delaware Coalition for Open Gov't v. Strine, 894 F. Supp. 2d 493 (D. Del. 2012).

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Delaware Coalition for Open Gov't v. Strine, 894 F. Supp. 2d 493 (D. Del. 2012). · cites it 6× “10 Del. C. § 349 (West 2012); Compl. ¶ 12.”

Delaware Coalition for Open Gov't, Inc. v. Strine, 733 F.3d 510 (3rd Cir. 2013). · cites it 2× “He concludes that the confidentiality provisions of 10 Del. C. § 349(b) violate the First Amendment right of public access and cannot stand.”

Meso Scale Diagnostics, LLC v. Roche Diagnostics GMBH (Del. 2021). “Meso alleged that the Vice Chancellor who decided its case four years earlier had an undisclosed disabling conflict, namely, that Roche’s counsel had been simultaneously representing him in an unrelated federal suit challenging the constitutionality of Delaware’s law providing…”

— 10 Del. C. § 349(a) — 1 case

Delaware Coalition for Open Gov't v. Strine, 894 F. Supp. 2d 493 (D. Del. 2012). “10 Del. C. § 349 (West 2012); Compl. ¶ 12.”

— 10 Del. C. § 349(b) — 2 cases

Delaware Coalition for Open Gov't, Inc. v. Strine, 733 F.3d 510 (3rd Cir. 2013). “He concludes that the confidentiality provisions of 10 Del. C. § 349(b) violate the First Amendment right of public access and cannot stand.”

Delaware Coalition for Open Gov't v. Strine, 894 F. Supp. 2d 493 (D. Del. 2012). “10 Del. C. § 349 (West 2012); Compl. ¶ 12.”

— 10 Del. C. § 349(c) — 1 case

Delaware Coalition for Open Gov't v. Strine, 894 F. Supp. 2d 493 (D. Del. 2012). “10 Del. C. § 349 (West 2012); Compl. ¶ 12.”

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