Small Business Reading Room

Friday, March 13, 2015

The Delaware Corporate Legislation Tracker - March 13, 2015

This week, new legislation is proposed regarding arbitration of disputes in the Delaware Court of Chancery.

The Delaware Corporate Legislation Tracker is a free service offered by our firm, designed to keep you informed on current and pending legislation related to Delaware Corporate rules, regulations, and Delaware business matters.

Here's the latest edition:

The following Legislation affecting Delaware Title 10 - Courts and Judicial Procedure was acted upon by the Legislature on 3/12/2015:

HB 49


This Act gives business entities formed in Delaware greater capacity to resolve business disputes in a rapid and efficient manner through voluntary arbitration conducted by expert arbitrators under strict timelines.

To that end, the Act requires resolution of arbitrated matters in no more than 120 days, subject to extension of up to no more than an additional 60 days, by unanimous consent of all parties to the arbitration. The Act provides significant flexibility to select an appropriate arbitrator. If the parties do not select an arbitrator, or the selected arbitrator refuses to serve, the Act truncates the process for appointing arbitrators, where necessary, ensuring a rapid and public initiation of the process in the Delaware Court of Chancery.
The Act vests exclusive jurisdiction to determine the scope of the arbitration to the arbitrator, thus eliminating in arbitrations under the Act the role of the Courts in determining substantive arbitrability in certain cases. Neither the joinder of persons not parties to the arbitration agreement nor the assertion of non-contractual claims deprives the arbitrator of the authority to determine what is subject to the arbitration and what is not. To further speed the ultimate resolution of disputes under the Act, it provides for a single direct challenge to the Delaware Supreme Court, where challenges are not otherwise waived by the parties’ agreement, or conducted by agreement before an arbitral appellate panel. Where challenges are taken to the Delaware Supreme Court, those proceedings are public and limited to review under the standards of the Federal Arbitration Act.

To ensure that no person is subject to the Act without his or her express and voluntary consent, the Act precludes its use in cases where there is a danger that vulnerable parties’ rights are at stake. Thus, this Act may not be used to adjudicate controversies between business entities and consumers of their goods and services, or controversies involving persons who have not expressly agreed to arbitrate the matter at issue.

Bill History:

Mar 12, 2015 - Introduced and Assigned to Judiciary Committee in House


Thursday, March 12, 2015


As we all know, smoking is a dangerous habit.  An Australian study found that smokers have approximately a threefold risk of premature death over those who have never smoked. It was also discovered that smokers will die an estimated 10 years earlier than non-smokers.

Up to two-thirds of those who continue smoking will die as a result, researchers say in a press release.
That's a great concern considering that mortality rates were about twice as high "in those smoking around 10 cigarettes per day." A pack a day means death rates four to five times higher than what a nonsmoker experiences, the study finds.

That was true for both men and women as the Sydney Morning Herald reports.

A positive note is that the study shows "it's never too late to quit, no matter what your age or how much you smoke," says another expert, as HealthDay News reports.

Post by William Regenauer

NHRA Drag Racing

Are you someone who is interested in all kinds of racing?   The Delmarva area has several local drag strips.

Just over the Delaware/Maryland state line is Cecil County Dragway.  If you would like to watch street cars race against each other or watch some top name drivers race, you only need to travel to Rising Sun, Maryland to do so.  If you would like more information or to access the 2015 season schedule, check out their website.

Post by Diane White

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