Articles & Publications

Delaware Chancery Court Appeals Decision Striking Arbitration Program

Posted November 8, 2012 by Daniel P. Dozier in Alternative Dispute Resolution Publications, Articles & Publications

I recently wrote about Delaware statute that allows Chancery Court judges to sit as private arbitrators having been found to be unconstitutional by U.S. District Court Judge Mary McLaughlin of the District of Delaware.

As the DealBook blog in the New York Times wrote, the statute was designed to "permit the Delaware Chancery Court to arbitrate private disputes confidentially without public access" which seems to me to be the problem with the program.

As expected, the case has been appealed to the 3rd Circuit. The lack of transparency in this arbitration program is a significant obstacle for the appellant to overcome. What do you think are the odds of the District Court's decision being overturned?