Del. Ch. Ct. R. 96

(a) Scope. This rule governs the procedure in a

summary proceeding to appoint an arbitrator under

10 Del. C. § 5805.

(b) Commencement of Proceeding. Commencement

of the proceeding under this rule shall be made under

Rule 3. Service of the petition or application must be made

under Rules 4 or 5, as appropriate.

(c) Defenses. A respondent may, but need not, serve an

answer within 5 days after service of the petition or

application. No counterclaims or cross-claims may be

asserted in the answer.

(d) List of Proposed Arbitrators. The parties must

file with the Court a joint list of persons that are qualified

and willing to serve as an arbitrator under the Delaware

Rapid Arbitration Act, 10 Del. C. § 5801 et seq. The list

must be accompanied by background information

regarding those persons sufficient to allow the Court to

make its decision. Unless the Court directs otherwise, the

list must be filed (1) within 7 days after service of the

petition or application or (2) within 3 days after service of

the answer, whichever is later. The list may be filed by any

party, but the list must include all persons proposed by all

parties, without indicating which party proposed which

person.

(e) Limitation of Proceeding. Unless the Court

directs otherwise, the parties may not take discovery in the

proceeding. No dispositive motions may be filed in the

proceeding.