Delaware § 5722 - Death or incompetency of a party.

Full text of Delaware Delaware Code § 5722 — Death or incompetency of a party., with citation guidance and answers to common questions.

§ 5722. Death or incompetency of a party.

Where a party dies after making a written agreement to submit a controversy to arbitration, the proceedings may be begun or continued upon the application of, or upon notice to, the party’s executor or administrator, or, where it relates to real property, the party’s distributee or devisee who has succeeded to the party’s interest in the real property. Where a committee of the property or of the person of a party to such an agreement is appointed, the proceedings may be continued upon the application of, or notice to, the committee. Upon the death or incompetency of a party, the Court may extend the time within which an application to confirm, vacate or modify the award or to stay arbitration must be made. Where a party has died since an award was delivered, the proceedings thereupon are the same as where a party dies after a judgment or decree has been rendered.

10 Del. C. 1953, §  5722;  58 Del. Laws, c. 382, §  2;  70 Del. Laws, c. 186, §  1; 

Source: official Delaware text · Last verified 2026-08-27

Frequently Asked Questions About Delaware § 5722

What does Delaware Code § 5722 cover?

Section 5722 ("Death or incompetency of a party.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Delaware § 5722?

A common citation format is "Delaware Code § 5722" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Delaware law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.

How does Delaware § 5722 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.