Despite the primacy of Delaware courts in addressing complex business disputes, even here the need remains for prompt resolution of certain types of disputes without full-blown discovery and with total confidentiality.

In fact, Delaware has a tool, and it remains underutilized: the Delaware Rapid Arbitration Act. The DRAA provides a structure for quick, streamlined and confidential arbitration. The statute hasn’t gotten much attention since a flurry of coverage when it was first enacted in April 2015. Nonetheless, eight years of experience with the DRAA have spawned practical lessons and practice pointers—for both litigators and transactional lawyers—to make the most of the DRAA’s advantages.

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