Arbitration Vs. Litigation Self-Quiz








De novo is:
Choice 1 A popular television science show hosted by Leonard Nimoy.
Choice 2 Latin for “afresh.”.
Choice 3 Greek for “the news”.
Choice 4 A random, meaningless collection of letters.
True or false: It is easier to have a court review the decision of another court than it is to have that court review the decision of an outside arbitrator.

Choice 1 TRUE, because two courts within the court system will have better internal communication and greater overlap in court rules.
Choice 2 FALSE, because the Federal Arbitration Act and the various state interpretations of the Uniform Arbitration Act provide for a host of situations in which a court may vacate, modify, or correct an arbitration award.

Which of the following is NOT cause for a court to vacate an arbitration award?
Choice 1 Evident partiality or prejudicial misconduct.
Choice 2 Evident miscalculation of figures.
Choice 3 An arbitrator who exceeded his power.
Choice 4 An arbitrator who refused to hear material evidence.
As a general rule, under the Delaware Uniform Arbitration Act, found in the Courseware, once a party learns of the award in an arbitration, how long does that party have to ask a court to vacate, modify, or correct the award?
Choice 1 30 days, as there is a strong interest in confirming the award and finalizing the proceedings.
Choice 2 90 days
Choice 3 6 months
Choice 4 1 year, as this corresponds with the timing in § 5713 (“Confirmation of an award.)
Which of the following would be mandatory for a court but is not mandatory for arbitration?
Choice 1 Constitutional guarantees, including the right to a trial by jury.
Choice 2 Providing rationale for the decision handed down.
Choice 3 Keeping an accurate record to aid in the potential appeal process.
Choice 4 All of the above.

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