SENATE BILL NO. 69
AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO ARBITRATION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend Section 5702, Title 10 of the Delaware Code by adding a new subsection (d) to read as follows:
“(d) Jurisdiction of the Court of Common Pleas. Notwithstanding anything to the contrary in Chapter 57, the term ‘Court’ in this chapter shall refer to the Court of Common Pleas with respect to all actions arising from an arbitration agreement in or relating to a contract to provide consumer credit, and the making of such an agreement to arbitrate issues arising from the extension of consumer credit shall confer jurisdiction on the Court of Common Pleas, and not the Court of Chancery, to enforce the agreement and to enter judgment on an award. Any action brought under Chapter 57 of this Title relating to an agreement to arbitrate issues arising from the extension of consumer credit filed in the Court of Chancery shall not therefore be dismissed, but shall be transferred to the Court of Common Pleas for resolution there as though filed originally in that Court.”
Approved May 23, 2007