Legal in Delaware

Delaware Legal Intel

Monday, May 18, 2026
1 min read
2 stories

Welcome to your daily briefing on legal developments in Delaware. Today we're covering 2 key stories including updates on germany legal headlines, background & context. Let's dive in.

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2

Background & Context

1 story

2.1

Arbitration clauses that survive judicial review.

Arbitration clauses are most often struck down for procedural unconscionability — surprise placement, font that hides them, or no opportunity to negotiate — rather than substantive issues. A clause that is conspicuous, separately initialed, and accompanies a clear written notice of waiver of jury trial survives review in most jurisdictions.

Why It Matters

A void arbitration clause means the dispute lands in court, often with discovery and jury exposure that the clause was meant to prevent. Drafting discipline at contract formation is cheap; defending the clause years later is not.

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Issue Summary

DateMay 18, 2026
Stories2
Sections2
Read Time1 min
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