Delaware Code Title 10 Sec. 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.
Terms Used In Delaware Code Title 10 Sec. 5804
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Subpoena: A command to a witness to appear and give testimony.
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.