The Delaware Court of Chancery is mulling its options to revive the confidential arbitration program after the U.S. Court of Appeals for the Third Circuit declared the program unconstitutional last week. Law professors throughout the country said that the Chancery Court’s best bet is to appeal directly to an arbitration-friendly U.S. Supreme Court, but also to amend the statute governing the program to distinguish it from traditional litigation.
In the Oct. 23 decision, the Third Circuit held in a 2-1 opinion that the Chancery Court’s arbitration program is ultimately a civil trial and, therefore, violates the public’s right to access trials under the First Amendment. Among the similarities highlighted by the majority in the decision is that the program occurs before active judges in public courthouses and results in binding orders issued by the court.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
