The Arbitrator’s Authority

Upon acceptance of appointment as prescribed in Rule 9, the Arbitrator shall have power and authority: (1) to resolve, finally and exclusively, any dispute of substantive or procedural arbitrability; (2) to resolve, finally and exclusively, any dispute as to the interpretation and application of these Rules (including any modifications of or additions to the Rules made in compliance with Rule 3); (3) to determine in the first instance the scope of the Arbitrator’s remedial authority, subject to review solely under 10 Del. C. § 5809 (except as otherwise limited by the Arbitration Agreement); (4) to grant interim and/or final relief, including to award any legal or equitable remedy appropriate in the sole judgment of the Arbitrator; (5) to administer oaths as authorized by 10 Del. C. § 5807; (6) to compel the attendance of witnesses and the production of books, records, contracts, papers, accounts and all other documents and evidence (unless otherwise provided in the Arbitration Agreement); (7) to make such rulings, including such rulings of law, and to issue such orders or impose such sanctions as the Arbitrator deems proper to resolve an Arbitration in a timely, efficient and orderly manner. In addition, if, but only if, the Arbitration Agreement so provides, the Arbitrator shall have power and authority to issue subpoenas and to award commissions to permit a deposition to be taken, in the manner and on the terms designated by the Arbitrator, of a witness who cannot be subpoenaed. Rule 7: Immunity of the Arbitrator An Arbitrator may not be compelled to testify in any judicial or administrative proceeding concerning any matter relating to service as an Arbitrator. An Arbitrator shall be immune from civil liability for or resulting from any act or omission done or made in connection with the Arbitration, unless the act or omission was made or done in bad faith, with malicious intent, or in a manner exhibiting a willful, wanton disregard of the rights, safety or property of another. 3 Rule 8: Representation; Parties’ Right to Attend Arbitration Hearing The parties are entitled to be represented at the Preliminary Conference, the Preliminary Hearing and the Arbitration Hearing by counsel of their choice. Counsel appearing in the Arbitration proceeding on behalf of a party shall promptly provide the Arbitrator and counsel for all other parties with their names, postal and email addresses, and telephone and fax numbers. A party electing to change counsel shall notify the Arbitrator and all other parties forthwith; a change of counsel by a party shall not operate to delay the Arbitration. At least one representative of each party with an interest in the issue or issues to be arbitrated and with authority to resolve the matter must participate in the Arbitration Hearing, but a failure by any party to comply with this obligation shall not operate to delay the Arbitration nor to divest the Arbitrator of any authority, including without limitation the authority to proceed with the Arbitration Hearing in the absence of a party that has received notice of the date, time and location of the Arbitration Hearing, as provided in Rule 22.