DRAA Model Forms

Form Agreement I provides the bare minimum arbitration clause necessary to invoke the Act and effectively consigns the parties to all of the default provisions of the Act.

Form Agreement II is a master form that addresses the potentially important decisions that can be made under the Act and includes annotations and notes in the text.  This form is a useful instrument to begin crafting an appropriately detailed dispute resolution provision under the Act.

Form Agreement III is practical starting point for triggering arbitration under the DRAA.  It omits discovery and limits appeal to the Delaware Supreme Court.  This type of provision would likely be suitable for resolving disputes where a technical issue, such as an earn-out, is to be resolved by an expert arbitrator.

Form Agreement IV contemplates that the parties will take limited discovery of each other and will preserve their right to appeal to the Delaware Supreme Court.  This clause might best be used where the parties are in an ongoing relationship, need prompt resolution of their dispute, and prefer to keep the fact of the dispute entirely private.

Form Agreement V is designed to provide for the broadest possible discovery, including third-party discovery, and an appeal to a panel of appellate arbitrators.  It is best used in matters where the parties expect that they may need to develop a full record and want the option of a “litigation style” appeal.