In many ways, 2013 paralleled the previous year for the Delaware Court of Chancery. Many of the issues that dominated the headlines in 2012, such as the fight to save the court’s confidential arbitration program, infighting with the Delaware Supreme Court and the validity of exclusive forum provisions, were also pertinent this year. Looking ahead, 2014 could be a year of change for the Chancery Court if its current leader, Chancellor Leo E. Strine Jr., is selected to become Delaware’s next chief justice.
Confidential arbitration program
The Chancery Court’s effort to revive its confidential arbitration program, ruled to be unconstitutional last year by a federal judge, was perhaps the year’s most important Delaware corporate law story. The U.S. Court of Appeals for the Third Circuit held oral arguments in May and affirmed the trial court’s ruling in an October split decision.
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