Delaware Code

10 Del. C. § 5801 (2026)

Definitions

✓ current as of May 2026

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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;

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2021–2025 · leading case: OBI Pharma, Inc. v. Biosion, Inc. (Del. Ch. 2025).

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OBI Pharma, Inc. v. Biosion, Inc. (Del. Ch. 2025). · cites it 2× “1,” must be “arbitrated pursuant to the Delaware Rapid Arbitration Act, 10 Del. C § 5801, et seq.”2 It further provides for a panel of three arbitrators, but it does not name or provide a process for selecting arbitrators.”

AffiniPay, LLC v. Thomas West (Del. Ch. 2021). “7 The Profit Interest Agreement also contains an arbitration clause in Section 5(j) to govern disputes about the incentive units: The parties hereto agree that any dispute or controversy arising out of, relating to, or in connection with [the Profit Interest Agreement] or the…”

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