United States · Delaware Supreme Court
When must a Delaware rapid-arbitration award challenge be filed?
A Rule 6(a)(ii) challenge must be filed within fifteen days after issuance of the final award. This is the Delaware Rapid Arbitration Act branch under 10 Del. C. 5809. Establish the agreement and its review terms before assuming Supreme Court review is available.
- Period
- 15 days for this stated component
- Trigger
- Issuance of the final Delaware Rapid Arbitration Act award
- Rule
- Supr. Ct. R. 6(a)(ii)
Official Supreme Court compilation current through February 2, 2026. That label identifies the retained compilation, not a new effective date for every civil rule.
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Which established event starts this procedure?
A Rule 6(a)(ii) challenge must be filed within fifteen days after issuance of the final award. This is the Delaware Rapid Arbitration Act branch under 10 Del. C. 5809. Establish the agreement and its review terms before assuming Supreme Court review is available.
Responsible actor. A party seeking judicial review of a qualifying DRAA final award.
Verify the agreement invokes the DRAA and satisfies section 5803.
Obtain the final award and reliable evidence of issuance.
Read any section 5809(d) waiver or appellate-arbitrator provision.
Use actual final-award issuance in a qualifying DRAA proceeding. Exclude an interim award, an ordinary FAA vacatur application and an agreement waiving or replacing judicial review.
Supr. Ct. R. 6(a)(ii)How does Supreme Court Rule 11 count this component?
- Issuance of the final Delaware Rapid Arbitration Act award
- Exclude the established event day and count the stated component under Rule 11(a). No participant service addition is applied to this nonservice event.
- File the challenge notice under Rules 6 and 7 with the final award, required party and arbitrator information, available rationale and service proof. Preserve Supreme Court receipt.
Rule 11(a) excludes the event day. A prescribed period below seven days excludes intermediate Saturdays, Sundays and legal holidays. Seven days and longer count those intermediate days. A final Saturday, Sunday, legal holiday or actual Clerk closure receives the stated next-open-day treatment. A backward five-day motion component counts earlier eligible days to preserve its required lead. Do not apply the separate Chancery or Superior Court eleven-day threshold.
The 2026 named calendar follows the Court’s published statewide holidays. The 2027 dates are projections of 1 Del. C. § 501 and its fixed-holiday observation rule. December 31, 2027 is the observed New Year holiday for Saturday, January 1, 2028. These dates do not confirm future amendments, Governor or Chief Justice appointments or actual additional closures. Sussex Return Day afternoon is not treated as a statewide full-day Supreme Court closure. Review any actual additional closure separately.
Rule 11(c) adds three days to a participant’s prescribed period after incoming service by mail or eFiling. Personal service adds none. The addition enters the period before Rule 11(a) counting and final-day treatment. It does not apply to Court acts or to an entry, filing, issuance or acceptance event merely because a copy is served. Rule 10(b) completes mail service on mailing. Rule 10.1(h) treats authorized electronic service like mail for the addition. A convenience email notification under Rule 10.2(6)(d) is not the service event.
Reviewed coverage uses the retained Supreme Court compilation current through February 2, 2026, for established events on or after that compilation boundary and final dates through December 31, 2027. The index label is not a new effective date for every civil rule. Historical events, backward periods crossing that boundary, later dates, changed orders and actual additional closures require separate review. No computed or paid date is supplied for an input outside that coverage. This boundary does not establish that an actual act is late.
Supr. Ct. R. 11(a)–(c)What do independently derived examples show?
Fictitious example
Fictitious established current-edition event. Personal service where the period runs from service. No altered order or additional closure.
| Step | What is counted | Date |
|---|---|---|
| Established event | Issuance of the final Delaware Rapid Arbitration Act award | September 1, 2026 |
| Ordinary component | Event on September 1, 2026. Count 15 days forward excluding the anchor. Count every intermediate calendar day because the prescribed period is at least seven days. Nominal boundary 2026-09-16. No final-day rollover applies. | Wednesday, September 16, 2026 |
| Closed-day variant | Event on September 4, 2026. Count 15 days forward excluding the anchor. Count every intermediate calendar day because the prescribed period is at least seven days. Nominal boundary 2026-09-19. The closed final day advances to 2026-09-21. | Monday, September 21, 2026 |
| Material branch | Event on October 19, 2026. Count 15 days forward excluding the anchor. Count every intermediate calendar day because the prescribed period is at least seven days. Nominal boundary 2026-11-03. The closed final day advances to 2026-11-04. | Wednesday, November 4, 2026 |
Fictitious established facts. The example does not establish applicability, actual service, completed filing, an extension, entitlement or a special closure. Use actual final-award issuance in a qualifying DRAA proceeding. Exclude an interim award, an ordinary FAA vacatur application and an agreement waiving or replacing judicial review.
Try these dates in the calculatorWhich qualifications change this particular requirement?
- Agreement controls available review
- Section 5809(d) permits specified waiver or appellate-arbitrator arrangements. A date calculation does not establish a right to judicial review.
- Issuance is the event
- Receipt, service and confirmation are distinct events. This preset does not replace the statutory final-award issuance event.
- Separate cross-challenge
- The cross-challenge compares seven days after first-notice service with fifteen days after award issuance. It needs both events.
- Participant service and Court acts
- Rule 11(c) adds three days to a participant’s prescribed period after incoming service by mail or eFiling. Personal service adds none. The addition enters the period before Rule 11(a) counting and final-day treatment. It does not apply to Court acts or to an entry, filing, issuance or acceptance event merely because a copy is served. Rule 10(b) completes mail service on mailing. Rule 10.1(h) treats authorized electronic service like mail for the addition. A convenience email notification under Rule 10.2(6)(d) is not the service event.
- Compilation and calendar coverage
- Reviewed coverage uses the retained Supreme Court compilation current through February 2, 2026, for established events on or after that compilation boundary and final dates through December 31, 2027. The index label is not a new effective date for every civil rule. Historical events, backward periods crossing that boundary, later dates, changed orders and actual additional closures require separate review. No computed or paid date is supplied for an input outside that coverage. This boundary does not establish that an actual act is late.
- Use actual final-award issuance in a qualifying DRAA proceeding. Exclude an interim award, an ordinary FAA vacatur application and an agreement waiving or replacing judicial review.
- The stated component does not obtain an extension, establish completed acts or decide an excluded procedural branch.
Which acts and receipts must be completed?
Questions about this particular Supreme Court procedure
When must a Delaware rapid-arbitration award challenge be filed?
Does the ordinary federal vacatur period apply?
This page covers the DRAA Supreme Court challenge. It does not apply the FAA’s separate vacatur or modification procedure.
10 Del. C. §§ 5803 and 5809DRAA cross-challenge comparisonDoes an interim ruling start fifteen days?
Rule 6(a)(ii) and section 5809 identify the final award. Establish that status and issuance rather than using an interim ruling.
10 Del. C. §§ 5803 and 5809Civil judgment appealDoes this date establish the merits of a challenge?
No. Section 5809 supplies the review framework. The calculator establishes only the stated issuance-based time component.
10 Del. C. §§ 5803 and 5809Opening brief without a transcriptOfficial Supreme Court sources and review
Provisions used (15)
| Provision | Purpose |
|---|---|
| Supr. Ct. R. 6(a)(ii) | This question’s actor, triggering event, prescribed component and procedural qualifications |
| 10 Del. C. §§ 5803 and 5809 | The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim |
| Supr. Ct. R. 6(a), (b) | The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim |
| Supr. Ct. R. 7(a), (c) | The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim |
| Supr. Ct. R. 10(a)–(d) | The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim |
| Supr. Ct. R. 10.2(6)(a)–(d) | The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim |
| Supr. Ct. R. 10.1(b), (h) | The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim |
| Supr. Ct. R. 10.2(10) | The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim |
| Supr. Ct. R. 6(a)(i) | The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim |
| Supr. Ct. R. 6(b)(ii) | The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim |
| Supr. Ct. R. 15(a)(i) | The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim |
| Supr. Ct. R. 11(a)–(c) | The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim |
| 1 Del. C. § 501(a)–(c) | The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim |
| Delaware Courts published 2026 holidays | The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim |
| Official Supreme Court rules and amendments | The separately mapped service, filing, counting, statutory exception, neighboring procedure or edition claim |